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ELECTION  LAWS 


OF  THE 


STATE  OF  WYOMING 


1920 


PUBLISHED  BY  AUTHORITY  AND  ONDER  THE 
SUPERVISION  OF 

W.  E.  CHAPLIN 

Secretary  of  State 


ELECTION  LAWS 


OF  THE 


STATE  OF  WYOMING 


1920 


PUBLISHED  BY  AUTHORITY  AND  UNDER  THE 
SUPERVISION  OF 

W.  E.  CHAPLIN 

Secretary  of  State 


1920 

WYOMING  LABOR  JOURNAL  COMPANY 
CHEYENNE 


•  •  •  ••  •■ 


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^^c 


CALENDAR,  1920 


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WYOMING  ELECTIONS,  1920 

Primary  Election August  17 

General  Election November  2 


^J 


ELECTION  LAWS 


OF  THE 


STATE  OF  WYOMING 


CONSTITUTIONAL  PROVISIONS 


ARTICLE  I. 

DECLARATION  OP  RIGHTS. 

Sec.  27.  Elections — No  interference  with.  Elections  shall  be  open, 
free  and  equal,  and  no  power,  civil  or  military,  shall  at  any  time  interfere 
to  prevent  an  untrammeled  exercise  of  the  right  of  suffrage. 


ARTICLE  III. 

LEGISLATIVE  DEPARTMENT. 

Sec.  2.  Senators'  term  and  qualifications.  Senators  shall  be  elected 
for  the  term  of  four  (4)  years  and  representatives  for  the  term  of  two  (2) 
years.  The  senators  elected  at  the  first  election  shall  be  divided  by  lot 
into  two  classes  as  nearly  equal  as  may  be.  The  seats  of  senators  of  the 
first  class  shall  be  vacated  at  the  expiration  of  the  first  two  years,  and  of 
the  second  class  at  the  expiration  of  four  years.  No  person  shall  be  a 
senator  who  has  not  attained  the  age  of  twenty -five  years,  or  a  representa- 
tive who  has  not  attained  the  age  of  twenty-one  years,  and  who  is  not  a 
citizen  of  the  United  States,  and  of  this  state,  and  who  has  not  for  at  least 
twelve  months  next  preceding  his  election  resided  within  the  county  or 
district  in  which  he  was  elected. 

state  V.  Barber,  4  Wyo.  95,  32  Pac.  14;  State  v.  Schnitger,  16  Wyo.  501,  95  Pac.  698. 

Sec.  4.  Vacancies — How  filled.  When  vacancies  occur  in  either 
house  by  death,  resignation  or  otherwise,  such  vacancy  shall  be  filled  for 
the  remainder  of  the  term  by  special  election,  to  be  called  in  such  manner 
as  may  be  prescribed  by  law. 

state  V.  Schnitger,   16  Wyo.  502,   510,  95  Pac.  698. 

Sec.  5.  Members  elected — When.  Members  of  the  senate  and  house 
of  representatives  shall  be  elected  on  the  day  provided  by  law  for  the  gen- 
eral election  of  a  member  of  congress,  and  their  term  of  office  shall  begin 
on  the  first  Monday  of  January  thereafter. 

Sec.  8.  Members  disqualified  for  other  office.  No  senator  or  repre- 
sentative shall,  during  the  term  for  which  he  was  elected,  be  appointed  to 
any  civil  office  under  the  state,  and  no  member  of  congress. or  other  person 
holding  an  office  (except  that  of  notary  public  or  an  office  in  the  militia) 


Ml4y094 


4  ELECTION  LAWS  OF  WYOMING,  1920. 

under  the  United  States  or  this  state,  shall  be  a  member  of  either  house 
during  his  continuance  in  office. 

Ross  V.  State,   8  Wyo.  366,   57  Pac.  924. 

APPORTIONMENT. 

Section  1.  Congressional  representation.  One  representative  in  the 
congress  of  the  United  States  shall  be  elected  from  the  state  at  large,  the 
Tuesday  next  after  the  first  Monday  in  November,  1890,  and  thereafter  at 
such  times  and  places,  and  in  such  manner  as  may  be  prescribed  by  law. 
When  a  new  apportionment  shall  be  made  by  congress,  the  legislature 
shall  divide  the  state  into  congressional  districts  accordingly. 


ARTICLE  IV. 

EXECUTIVE  DEPARTMENT. 

Sec.  2.  Governor — Qualifications  of.  No  person  shall  be  eligible  to 
the  office  of  governor  unless  he  be  a  citizen  of  the  United  States  and  a 
qualified  elector  of  the  state,  who  has  attained  the  age  of  thirty  years,  and 
who  has  resided  five  years  next  preceding  the  election  within  the  state  or 
territory,  nor  shall  he  be  eligible  to  any  other  office  during  the  term  for 
which  he  was  elected. 

state  V.  Schnitger,    17  Wyo.  83,  96  Pac.  238. 

Sec.  3.  How  elected.  The  governor  shall  be  elected  by  the  qualified 
electors  of  the  state  at  the  time  and  place  of  choosing  members  of  the 
legislature.  The  person  having  the  highest  number  of  votes  for  governor 
shall  be  declared  elected,  but  if  two  or  more  shall  have  an  equal  and  high- 
est number  of  votes  for  governor,  the  two  houses  of  the  legislature  at  its 
next  regular  session  shall  forthwith,  by  joint  ballot  choose  one  of  such 
persons  for  said  office.  The  returns  of  the  election  for  governor  shall  be 
made  in  such  manner  as  shall  be  prescribed  by  law. 

Sec.  7.  Vacancies  in  office — How  filled.  When  any  office  from  any 
cause  becomes  vacant,  and  no  mode  is  provided  by  the  constitution  or  law 
for  filling  such  vacancy,  the  governor  shall  have  the  power  to  fill  the  same 
by  appointment. 

In  re.  Fourth  Judicial  Dist.,  4  Wyo.  148,  32  Pac.  850;  State  v.  Henderson,  4  Wyo.  535, 
544,  35  Pac.  517;  State  v.  Grant,  12  Wyo.  6,  73  Pac.  470;  State  v.  Brooks,  14  Wyo.  416, 
84   Pac.    488. 

Sec.  11.  State  officers — What — Term.  There  shall  be  chosen  by  the 
qualified  electors  of  the  state  at  the  times  and  places  of  choosing  members 
of  the  legislature,  a  secretary  of  state,  auditor,  treasurer,  and  superin- 
tendent of  public  instruction,  who  shall  have  attained  the  age  of  twenty- 
five  years  respectively,  shall  be  citizens  of  the  United  States,  and  shall 
have  the  qualifications  of  state  electors.  They  shall  severally  hold  their 
offices  at  the  seat  of  government  for  the  term  of  four  (4)  years  and  until 
their  successors  are  elected  and  duly  qualified,  but  no  person  shall  be 
eligible  for  the  office  of  treasurer  for  four  (4)  years  after  the  expiration 
of  the  term  for  which  he  was  elected.  The  legislature  may  provide  for 
such  other  state  officers  as  are  deemed  necessary. 

state  V.  Henderson,  4  Wyo.  545,  35  Pac.  517;  State  v.  Brooks,  14  Wyo.  415,  419, 
84  Pac.  488, 


ELECTION  LAWS  OF  WYOMING,  1920.  5 

ARTICLE  V. 

JUDICIAL  DEPARTMENT. 

Sec.  4.  Justices  of  supreme  court — Election — Terms.  The  supreme 
court  of  the  state  shall  consist  of  three  justices  who  shall  be  elected  by 
the  qualified  electors  of  the  state  at  a  general  state  election  at  the  times 
and  places  at  which  state  officers  are  elected;  and  their  term  of  office 
shall  be  eight  (8)  years,  commencing  from  and  after  the  first  Monday  in 
January  next  succeeding  their  election;  and  the  justices  elected  at  the 
first  election  after  this  constitution  shall  go  into  effect  shall,  at  their  first 
meeting  provided  by  law,  so  classify  themselves  by  lot  that  one  of  them 
shall  go  out  of  office  at  the  end  of  four  (4)  years,  and  one  at  the  end  of 
six  (6)  years,  and  one  at  the  end  of  eight  (8)  years  from  the  commence- 
ment of  their  term,  and  an  entry  of  such  classification  shall  be  made  in 
the  record  of  the  court  and  signed  by  them,  and  a  duplicate  thereof  shall 
be  filed  in  the  office  of  the  secretary  of  state.  The  justice  having  the 
shortest  term  to  serve  and  not  holding  his  office  by  appointment  or  elec- 
tion to  fill  a  vacancy,  shall  be  the  chief  justice  and  shall  preside  at  all 
terms  of  the  supreme  court,  and,  in  case  of  his  absence,  the  justice  having 
in  like  manner  the  next  shortest  term  to  serve,  shall  preside  in  his  stead. 
If  a  vacancy  occur  in  the  office  of  a  justice  of  the  supreme  court,  the  gov- 
ernor shall  appoint  a  person  to  hold  the  office  until  the  election  and  quali- 
fication of  a  person  to  fill  the  unexpired  term  occasioned  by  such  vacancy, 
which  election  shall  take  place  at  the  next  succeeding  general  election. 
The  first  election  of  the  justices  shall  be  at  the  first  general  election  after 
this  constitution  shall  go  into  effect. 

>      In  re.  Moore,  4  Wyo,  109,  31  Pac.  980;   State  v.  Brooks,   14  Wyo.  420,   84  Pac.  488;   State 
V.   Schnitger,    17  Wyo.   65,   96  Pac.  238. 

Sec.  8.  Who  eligible  as  justice.  No  person  shall  be  eligible  to  the 
office  of  justice  of  the  supreme  court  unless  he  be  learned  in  the  law,  have 
been  in  actual  practice  at  lea^t  nine  (9)  years,  or  whose  service  on  the 
bench  of  any  court  of  record,  when  added  to  the  time  he  may  have  prac- 
ticed law,  shall  be  equal  to  nine  (9)  years,  be  at  least  thirty  years  of  age 
and  a  citizen  of  the  United  States,  nor  unless  he  shall  have  resided  in  this 
state  or  /territory  at  least  three  years. 

Sec.  12.  Who  eligible  as  judge.  No  person  shall  be  eligible  to  the 
office  of  judge  of  the  district  court  unless  he  be  learned  in  the  law,  be  at 
least  twenty-eight  years  of  age,  and  a  citizen  of  the  United  States,  nor 
unless  he  shall  have  resided  in  the  state  or  territory  of  Wyoming  at  least 
two  years  next  preceding  his  election. 

Sec.  13.  Clerks  of  district  courts.  There  shall  be  a  clerk  of  the  dis- 
trict court  in  each  organized  county  in  which  a  court  is  holden  who  shall 
be  elected,  or,  in  case  of  vacancy,  appointed  in  such  manner  and  with  such 
duties  and  compensation  as  may  be  prescribed  by  law. 

Sec.  22.  Justices  of  the  peace — Jurisdiction  of.  The  legislature  shall 
provide  by  law  for  the  election  of  justices  of  the  peace  in  each  organized 
county  within  the  state.  But  the  number  of  said  justices  to  be  elected  in 
each  organized  county  shall  be  limited  by  law  to  &uch  number  as  shall  be 
necessary  for  the  proper  administration  of  justice.  The  justices  of  the 
peace  herein  provided  for  shall  have  concurrent  jurisdiction  with  the 
district  court  in  all  civil  actions  where  the  amount  in  controversy,  exclu- 
sive of  costs,  does  not  exceed  two  hundred  dollars,  and  they  shall  have 
such  jurisdiction  to  hear  and  determine  cases  of  misdemeanor  as  may  be 


6  ELECTION  LAWS  OF  WYOMING,  1920. 

provided  by  law,  but  in  no  case  shall  said  justices  of  the  peace  have 
jurisdiction  when  the  boundaries  of  or  title  to  real  estate  shall  come  into 
question. 

In  re.  Fourth  Judicial  Dist.,  4  Wyo.  144,  149,  32  Pac.  850;  Grain  v.  Bode,  5  Wyo,  260, 
39  Pac,  747;  Ballantyne  v.  Bower,   17  Wyo.  363,  99  Pac.  869. 

Sec.  27.  Judges  shall  not  hold  other  office.  No  judge  of  the  supreme 
or  district  court  shall  be  elected  or  appointed  to  any  other  than  judicial 
offices  or  be  eligible  thereto  during  the  term  for  which  he  was  elected  or 
appointed  such  judge. 


ARTICLE  VI. 

SUFFRAGE. 


Section  1.  Equal  rights.  The  rights  of  citizens  of  the  state  of  Wyo- 
ming to  vote  and  hold  office  shall  not  be  denied  or  abridged  on  account  of 
sex.  Both  male  and  female  citizens  of  this  state  shall  equally  enjoy  all 
civil,  political  and  religious  rights  and  privileges. 

McKinney  v.  State,  3  Wyo.  719,  30  Pac.  293;  Slaymaker  v.  Phillips,  5  Wyo.  453,  40  Pac. 
971,  42  Pac.  1049;  Rasmussen  v.  Baker,   7  Wyo.   126,   50  Pac.  819. 

Sec.  2.  Qualification  of  electors.  Every  citizen  of  the  United  States 
of  the  age  of  twenty-one  years  and  upwards,  who  has  resided  in  the  state 
or  territory  one  year  and  in  the  county  wherein  such  residence  is  located 
sixty  days  next  preceding  any  election,  shall  be  entitled  to  vote  at  such 
election,  except  as  herein  otherwise  provided. 

Slaymaker  v.  Phillips,  5  Wyo.  462,  40  Pac.  971,  42  Pac.  1049;  Rasmussen  v.  Baker, 
7  Wyo.  126,  50  Pac.  819;   State  v.  Brooks,   17  Wyo.  353,  99  Pac.  874. 

Sec.  3.  Privileged  from  arrest — When.  Electors  shall  in  all  cases 
except  treason,  felony  or  breach  of  the  peace,  be  privileged  from  arrest  on 
the  days  of  election  during  their  attendance  at  elections,  and  going  to 
and  returning  therefrom. 

Sec.  4.  Exemption  from  military  duty.  No  elector  shall  be  obliged 
to  perform  militia  duty  on  the  day  of  election,  except  in  time  of  war  or 
public  danger. 

Sec.  5.  Must  be  citizen  of  United  States.  No  person  shall  be  deemed 
a  qualified  elector  of  this  state,  unless  such  person  be  a  citizen  of  the 
United  States. 

state  V.  Brooks,   14  Wyo.  415,   84  Pac.  488. 

Sec.  6.  Disqualified — When.  All  idiots,  insane  persons,  and  persons 
convicted  of  infamous  crimes,  unless  restored  to  civil  rights,  are  excluded 
from  the  elective  franchise. 

state  V.  Schnitger,  17  Wyo.  78,  96  Pac.  238. 

Sec.  7.  Residence  not  lost.  No  elector  shall  be  deemed  to  have  lost 
his  residence  in  the  state,  by  reason  of  his  absence  on  business  of  the 
United  States,  or  of  this  state,  or  in  the  military  or  naval  service  of  the 
United  States. 

Sec.  8.  Soldiers  not  residents.  No  soldier,  seaman,  or  marine  in  the 
army  or  navy  of  the  United  States  shall  be  deemed  a  resident  of  this  state 
in  consequence  of  his  being  stationed  therein. 

Sec.  9.  Educational  qualification.  No  person  shall  have  the  right  to 
vote  who  shall  not  be  able  to  read  the  constitution  of  this  state.  The  pro- 
visions of  this  section  shall  not  apply  to  any  person  prevented  by  physical 
disability  from  complying  with  its  requirements. 

Rasmussen  v.  Baker,   7  Wyo.   126,   50  Pac.  819. 


ELECTION  LAWS  OP  WYOMING,  1920.  7 

Sec.  10.  Five  year  limit.  Nothing  herein  contained  shall  be  con- 
strued to  deprive  any  person  of  the  right  to  vote  who  has  such  right  at 
the  time  of  the  adoption  of  this  constitution,  unless  disqualified  by  the 
restrictions  of  section  six  of  this  article.  After  the  expiration  of  five  years 
from  the  time  of  the  adoption  of  this  constitution,  none  but  citizens  of  the 
United  States  shall  have  the  right  to.vote. 

Rasmussen  v.  Baker,    7  Wyo.    126,   50   Pac.   819. 

Sec.  11.  Election — How  held.  All  elections  shall  be  by  ballot.  The 
legislature  shall  provide  by  law  that  the  names  of  all  candidates  for  the 
same  office,  to  be  voted  for  at  any  election,  shall  be  printed  on  the  same 
ballot,  at  public  expense,  and  on  election  day  to  be  delivered  to  the  voters 
within  the  polling  place  by  sworn  public  officials,  and  only  such  ballots  so 
delivered  shall  be  received  and  counted.  But  no  voter  shall  be  deprived 
of  the  privilege  of  writing  upon  the  ballot  used  the  name  of  any  other 
candidate.  All  voters  shall  be  guaranteed  absolute  privacy  in  the  prep- 
aration of  their  ballots,  and  the  secrecy  of  the  ballot  shall  be  made  com- 
pulsory. 

Slaymaker   v.    Phillips,    5    Wyo.    462,    40   Pac.    971,    42    Pac.    1049. 

Sec.  12.  Prior  registration  required.  No  person  qualified  to  be  an 
elector  of  the  state  of  Wyoming,  shall  be  allowed  to  vote  at  any  general 
or  special  election  hereafter  to  be  holden  in  the  state,  until  he  or  she  shall 
have  registered  as  a  voter  according  to  law,  unless  the  failure  to  register 
is  caused  by  sickness  or  absence,  for  which  provision  shall  be  made  by 
law.  The  legislature  of  the  state  shall  enact  such  laws  as  will  carry  into 
effect  the  provisions  of  this  section,  which  enactment  shall  be  subject  to 
amendment,  but  shall  never  be  repealed;  but  this  section  shall  not  apply 
to  the  first  election  held  under  this  constitution. 

ELECTIONS. 

Section  1.  Purity  of  oJection  provided  for.  The  legislature  shall 
pass  laws  to  secure  the  purity  of  elections,  and  guard  against  abuses  of 
the 'elective  franchise. 

Slaymaker  v.  Phillips,   5  Wyo.   462,    40  Pac.   971. 

Sec.  2.  Contests  how  tried.  The  legislature  shall,  by  general  law, 
designate  the  courts  by  which  the  several  classes  of  election  contests  not 
otherwise  provided  for,. shall  be  tried,  and  regulate  the  manner  of  trial 
and  all  matters  incident  thereto ;  but  no  such  law  shall  apply  to  any  con- 
test arising  out  of  an  election  held  before  its  passage. 

Turner  v.  Hamilton,    13   Wyo.   408,    80  Pac.   664. 

Sec.  3.  Qualifications  for  office.  No  person  except  a  qualified  elector 
shall  be  elected  or  appointed  to  any  civil  or  military  office  in  the  state. 

Sec.  4.  Officers  hold  over  when.  Every  person  holding  any  civil 
office  under  the  state  or  any  municipality  therein  shall,  unless  removed 
according  to  law,  exercise  the  duties  of  such  office  until  his  successor  is 
duly  qualified,  but  this  shall  not  apply  to  members  of  the  legislature,  nor 
to  members  of  any  board  of  assembly,  two  or  more  of  whom  are  elected  at 
the  same  time.  The  legislature  may  by  law  provide  for  suspending  any 
officer  in  his  functions,  pending  impeachment  or  prosecution  for  miscon- 
duct in  office. 

Ballantyne  v.  Bower,    17  Wyo.   362,    99  Pac.   869. 

-  Sec.  5.  General  and  special  elections.  All  general  elections  for  state 
and  county  officers,  for  members  of  the  house  of  representatives  and  the 
senate  of  the  state  of  Wyoming,  and  representatives  to  the  congress  of  the 


8  ELECTION  LAWS  OF  WYOMING,  1920. 

United  States,  shall  be  held  on  the  Tuesday  following  the  first  Monday  in 
November  of  each  even  year.  Special  elections  may  be  held  as  now,  or  as 
may  hereafter  be  provided  by  law.  All  state  and  county  officers  elected 
at  a  general  election  shall  enter  upon  their  respective  duties  on  the  first 
Monday  in  January  next  following  the  date  of  their  election,  or  as  soon 
thereafter  as  may  be  possible. 

In  re.  Moore,   4  Wyo.   106,   31  Pac.  980;   Ballantyne  v.  Bower,   17  Wyo.  361,   99  Pac.   869. 

Sec.  6.  Officers  not  provided  for.  All  officers  whose  election  is  not 
provided  for  in  this  constitution,  shall  be  elected  or  appointed  as  may  be 
directed  by  law. 

Sec.  7.  Persons  disqualified  to  hold  office.  No  member  of  congress 
from  this  state,  nor  any  person  holding  or  exercising  any  office  or  appoint 
ment  of  trust  or  profit  under  the  United  States,  shall  at  the  same  time 
hold  or  exercise  any  office  in  this  state  to  which  a  salary,  fees  or  per- 
quisites shall  be  attached.  The  legislature  may  by  law  declare  what 
offices  are  incompatible. 

Sec.  8.  Oath  of  office — Form  of.  Senators  and  representatives  and 
all  judicial,  state  and  county  officers  shall,  before  entering  upon  the  duties 
of  their  respective  offices,  take  and  subscribe  the  following  oath  or  affirm- 
ation: ''I  do  solemnly  swear  (or  affirm)  that  I  will  support,  obey  and 
defend  the  constitution  of  the  United  States,  and  the  constitution  of  this 
state,  and  that  I  will  discharge  the  duties  of  my  office  with  fidelity ;  that 
I  have  not  paid  or  contributed  or  promised  to  pay  or  contribute,  either 
directly  or  indirectly,  any  money  or  other  valuable  thing,  to  procure  my 
nomination  or  election,  (or  appointment)  except  for  necessary  and  proper 
expenses  expressly  authorized  by  law ;  that  1  have  not,  knowingly,  vio- 
lated any  election  law  of  the  state,  or  procured  it  to  be  done*  by  others  in 
my  behalf ;  that  I  will  not  knowingly  receive,  directly  or  indirectly,  any 
money  or  other  valuable  thing  for  the  performance  or  non-performance 
of  any  act  or  duty  pertaining  to  my  office,  other  than  the  compensation 
allowed  by  law." 

Sec.  9.  Oath — How  administered.  The  foregoing  oath  shall  be  ad- 
ministered by  some  person  authorized  to  administer  oaths,  and  in  the  case 
of  state  officers  and  judges  of  the  supreme  court,  shall  be  filed  in  the  office 
of  the  secretary  of  state,  and  in  the  case  of  othei:  judicial  and  county  of- 
ficers in  the  office  of  the  clerk  of  the  county  in  which  the  same  is  taken; 
any  person  refusing  to  take  said  oath  or  affirmation  shall  forfeit  his  office, 
and  any  person  who  shall  be  convicted  of  having  sworn  or  affirmed  falsely, 
or  of  having  violated  said  oath  or  affirmation,  shall  be  guilty  of  perjury, 
and  be  forever  disqualified  from  holding  any  office  of  trust  or  profit  within 
this  state.  The  oath  to  members  of  the  senate  and  house  of  representa- 
tives shall  be  administered  by  one  of  the  judges  of  the  supreme  court  or  a 
justice  of  the  peace,  in  the  hall  of  the  house  to  which  the  members  shall  be 
elected. 


ARTICLE  XII. 

COUNTY  ORGANIZATION. 

Sec.  2.     New  counties — Organization  of.     The  legislature  shall  pro 
vide  by  general  law  for  organizing  new  counties,  locating  the  county  sea^.s 
thereof  temporarily  and  changing  county  lines.    But  no  new  county  shall 
be  formed  unless  it  shall  contain  within  the  limits  thereof  property  of  the 


ELECTION  LAWS  OF  WYOMING,  1920.  9 

valuation  of  two  million  dollars,  as  shown  by  last  preceding  tax  returns, 
and  not  then  unless  the  remaining  portion  of  the  old  county  or  counties 
shall  each  contain  property  of  at  least  three  million  of  dollars  of  assess- 
able valuation;  and  no  new  county  shall  be  organized  nor  shall  any  or- 
ganized county  be  so  reduced  as  to  contain  a  population  of  less  than  one 
thousand  five  hundred  bona  fide  inhabitants,  and  in  case  any  portion  of 
an  organized  county  or  counties  is  stricken  off  to  form  a  new  county,  the 
new  county  shall  assume  and  be  holden  for  an  equitable  proportion  of  the 
indebtedness  of  the  county  or  counties  so  reduced.  No  county  shall  be 
divided  unless  a  majority  of  the  qualified  electors  of  the  territory  pro- 
posed to  be  cut  off  voting  on  the  proposition  shall  vote  in  favor  of  the 
division. 

Comrs.  V.  Perkins,  5  Wyo.  170,  178,  38  Pac.  915;  In  re.  Fremont  County,  8  Wyo.  21, 
54  Pac.   1073;    State  v.  Schnitger,   16  Wyo.   538,   95  Pac.   698. 

Sec.  4.  Township  organization.  The  legislature  shall  provide  by 
general  law  for  a  system  of  township  organization  and  government,  which 
may  be  adopted  by  any  county  whenever  a  majority  of  the  citizens  there- 
of voting  at  a  general  election  shall  so  determine. 

Sec.  5.  County  officers — Provision  for.  The  legislature  shall  pro- 
vide by  law  for  the  election  of  such  county  officers  as  may  be  necessary. 

Reals  V.   Smith,    8   Wyo.   171,    56  Pac.    690. 


ARTICLE  XIII. 

MUNICIPAL  CORPORATIONS. 

Sec.  2.  Consent  of  electors  necessary.  No  municipal  corporation 
shall  be  organized  without  the  consent  of  the  majority  of  the  electors  re- 
siding within  the  district  proposed  to  be  so  incorporated,  such  consent  to 
I  e  ascertained  in  the  manner  and  under  such  regulations  as  may  be  pre- 
scribed by  law. 

state   V.   Lamoureux,    3   Wyo.    731,    30  Pac.   243. 


ARTICLE  XVI. 


Sec.  2.  Creation  of  state  debt  restricted.  No  debt  in  excess  of  the 
taxes  for  the  current  year  shall  in  any  manner  be  created  in  the  state  ot 
Wyoming,  unless  the  proposition  to  create  such  debt  shall  have  been  sub- 
mitted to  a  vote  of  the  people  and  by  them  approved ;  except  to  suppress 
insurrection  or  to  provide  for  the  public  defense. 

Sec.  4.  Creation  of  municipal  debt  restricted.  No  debt  in  excess  of 
the  taxes  for-  the  current  year  shall,  in  any  manner,  be  created  by  any 
county  or  sub-division  thereof,  or  any  city,  town  or  village,  or  any  sub- 
division thereof  in  the  state  of  Wy^oming,  unless  the  proposition  to  create 
such  debt  shall  have  been  submitted  to  a  vote  of  the  people  thereof  and  by 
them  approved. 

Miller  v.  School  District,  5  Wyo.  224;  In  re.  Fremont  County  et  al.,  54  Pac.  Rep.  1073; 
Grand  Island  &  N.  W.  R.  Co.  v.  Baker  et  al.,  45  Pac.  Rep.  494. 


ARTICLE  XX. 

AMENDMENTS. 


Section  1.     Provision  for.     Any  amendment  or  amendments  to  this 
constitution  may  be  proposed  in  either  branch  of  the  legislature,  and,  if 


10  ELECTION  LAWS  OP  WYOMING,  1920. 

the  same  shall  be  agreed  to  by  two-thirds  of  all  the  members  of  each  of 
the  two  houses,  voting  separately,  such  proposed  amendment  or  amend- 
ments shall,  with  the  yeas  and  nays  thereon,  be  entered  on  their  journals, 
and  it  shall  be  the  duty  of  the  legislature  to  submit  such  amendment  or 
amendments  to  the  electors  of  the  state  at  the  next  general  election,  and 
cause  the  same  to  be  published  without  delay  for  at  least  twelve  (12) 
consecutive  weeks,  prior  to  said  election,  in  at  least  one  newspaper  of 
general  circulation,  published  in  each  county,  and  if  a  majority  of  tht^ 
electors  shall  ratify  the  same,  such  amendment  or  amendments  shall  be- 
come a  part  of  this  constitution. 

■  state  V.  Brooks,  17  Wyo.  352,  354,  99  Pac.  874. 

Sec.  2.  How  voted  for.  If  two  or  more  amendments  are  proposed, 
they  shall  be  submitted  in  such  manner  that  the  electors  shall  vote  for  or 
against  each  of  them  separately. 

Sec.  3.  Constitutional  convention — Provision  for.  Whenever  two- 
thirds  of  the  members  elected  to  each  branch  of  the  legislature  shall  deem 
it  necessary  to  call  a  convention  to  revise  or  amend  this  constitution,  the}^ 
shall  recommend  to  the  electors  to  vote  at  the  next  general  election  for  or 
against  a  convention,  and  if  a  majority  of  all  the  electors  voting  at  such 
election  shall  have  voted  for  a  convention,  the  legislature  shall  at  the  next 
session  provide  by  law  for  calling  the  same;  and  such  convention  shall 
consist  of  a  number  of  members,  not  less  than  double  that  of  the  most 
numerous  branch  of  the  legislature. 

Sec.  4.  New  constitution.  Any  constitution  adopted  by  such  con 
vention  shall  have  no  validity  until  it  has  been  submitted  to  and  adopted 
by  the  people. 


STATUTORY  PROVISIONS 


NOTE — Unless  otherwise  designated,  all  sections  are  from  Wyoming  Compiled  Statutes,  1910. 

APPORTIONMENT  OF  REPRESENTATION. 

Section  1.  Each  county  a  district.  Each  organized  county  shall 
constitute  a  separate  senatorial  and  a  separate  representative  district  for 
the  election  of  senators  and  representatives. 

Sec.  2.  Ratio  for  senators.  Each  organized  county  shall  have  one 
senator  for  every  seven  thousand  five  hundred  inhabitants,  and  one  sena- 
tor for  every  fraction  over  three  thousand  one  hundred  inhabitants  in 
such  county,  as  shown  by  the  enumeration  of  such  inhabitants  made  by 
the  authority  of  the  state  in  the  year  one  thousand  nine  hundred  and 
fifteen. 

Sec.  3.  Ratio  for  representatives.  Each  organized  county  shall  have 
one  representative  for  every  two  thousand  six  hundred  inhabitants,  and 
one  representative  for  every  fraction  over  one  thousand  three  hundred 
inhabitants  in  such  county,  as  shown  by  the  enumeration  of  such  inhabi- 
tants made  by  the  authority  of  the  state  in  the  year  one  thousand  nine 
hundred  and  fifteen. 

Sec.  4.  Numbers  for  each  county.  The  senators  and  representatives 
are  hereby  apportioned  and  divided  among  the  several  counties  as  follows: 


ELECTION  LAWS  OF  WYOMING,  1920.  11 

Albany  county  shall  have  one  senator  and  three  representatives ; 
Big  Horn  county  shall  have  one  senator  and  three  representatives ; 
Campbell  county  shall  have  one  senator  and  one  representative; 
Carbon  county  shall  have  one  senator  and  three  representatives ; 
Converse  county  shall  have  one  senator  and  one  representative; 
Crook  county  shall  have  one  senator  and  two  representatives; 
Fremont  county  shall  have  one  senator  and  four  representatives; 
Goshen  county  shall  have  one  senator  and  two  representatives ; 
Hot  Springs  county  shall  have  one  senator  and  one  representative ; 
Johnson  county  shall  have  one  senator  and  one  representative; 
Laramie  county  shall  have  two  senators  and  six  representatives ; 
Lincoln  county  shall  have  two  senators  and  five  representatives ; 
Natrona  county  shall  have  one  senator  and  two  representatives ; 
Niobrara  county  shall  have  one  senator  and  one  representative; 
Park  county  shall  have  one  senator  and  two  representatives; 
Platte  county  shall  have  one  senator  and  two  representatives; 
Sheridan  county  shall  have  two  senators  and  six  representatives ; 
Sweetwater  county  shall  have  two  senators  and  four  representatives ; 
Uinta  county  shall  have  one  senator  and  two  representatives; 
Washakie  county  shall  have  one  senator  and  one  representative ; 
Weston  county  shall  have  one  senator  and  two  representatives; 

Provided,  That  nothing  herein  contained  shall  operate  to  shorten  the  term 
of  office  of  any  senator  heretofore  elected,  but  every  such  senator  shall, 
while  remaining  in  office  under  said  election,  continue  to  represent  the 
county  for  which  he  was  elected,  except  that  every  such  senator  elected 
at  the  general  election  in  1916  for  the  term  of  four  years  from  a  district 
composed  of  two  or  more  counties  shall  be  deemed  and  held,  during  the 
remainder  of  his  said  term,  to  represent  the  county  in  which  he  resides 
at  the  time  of  the  passage  of  this  act,  if  such  county  be  within  the  district 
from  which  he  was  so  elected.     [Chapter  104,  Session  Laws,  1917.] 

GOVERNOR. 

§  87.  Term  of  successor — Proviso.  Whenever  the  powers  and  duties 
of  the  office  of  the  governor  of  the  state  of  Wyoming  shall  devolve  upon  a 
person,  as  hereinbefore  provided,  the  person  acting  as  governor  shall  con- 
tinue to  act  as  governor,  as  aforesaid,  until  the  end  of  the  term  of  the 
governor;  Provided,  such  assumption  of  office  is  made  as  aforesaid  less 
than  twenty  days  before  the  next  general  election  of  county  officers  pre- 
ceding the  next  ensuing  general  election  for  state  officers;  but  should 
such  assumption  be  made  as  aforesaid  previous  to  twenty  days  before  a 
general  election  for  county  officers,  then  and  in  that  case,  the  person  act- 
ing as  governor  as  aforesaid,  shall  issue  an  additional  proclamation  calling 
for  the  election  of  a  governor  to  fill  the  unexpired  term,  which  election 
shall  take  place  at  the  same  time  as  the  general  election  for  county  officers, 
and  such  election,  together  with  the  returns  and  canvass  thereof,  shall  be 
conducted  in  all  respects  as  though  it  was  an  original  election  for  gover 
nor.  When  the  state  canvassing  board  shall  have  canvassed  the  vote  of 
the  election  as  aforesaid,  and  in  the  manner  provided  by  law,  declared 
a  person  at  such  election  to  be  elected  as  governor,  such  person  shall 
within  thirty  days  after  such  canvass,  or  as  soon  thereafter  as  possible, 
qualify  and  assume  the  duties  and  powers  of  governor,  and  shall  be  the 
governor  of  the  state  of  Wyoming  for  the  remainder  of  the  unexpired 
term  of  governor.     [L.  1890-91,  eh.  14,  §3 ;  R.  a  1899,  §  52.] 

In  re.  Moore,  4  Wyo.  107,  31  Pac.  8%0 ;  State  v.  Grant,  12  Wyo.  7,  73  Pac.  470. 


12  ELECTION  LAWS  OF  WYOMING,  1920. 

PRESIDENTIAL  ELECTORS. 

§  243.  Election  of  presidential  electors.  At  the  general  election  next 
preceding  the  choice  of  president  and  vice  president  of  the  United  States 
of  America,  there  shall  be  elected  as  many  electors  of  president  and  vice 
president  of  the  United  States  of  America  as  this  state  may  be  entitled  to 
elect  of  senators  and  representatives  in  congress.  [L.  1890-91,  ch.  63,  §  1 ; 
R.  S.  1899,  §  165.] 

§  244.  Certificate  of  election.  The  certificate  of  election  for  electors 
of  president  and  vice  president  of  the  United  States  of  America,  shall  be 
served  on  each  person  elected,  notifying  him  to  attend  at  the  office  of  the 
secretary  of  state  at  the  seat  of  government  at  the  hour  of  twelve  o'clock 
noon  of  the  Saturday  next  preciding  the  second  Momday  of  January  next 
after  his  election,  and  to  report  himself  to  the  governor  of  this  state  as  in 
attendance.     [L.  1890-91,  ch.  63,  §  2;  R.  S.  1899,  §  166.] 

§  245.  Electors  shall  convene  when — Filling  of  vacancy.  The  elec- 
tors of  president  and  vice  president  so -attending,  shall  convene  in  the 
office  of  the  secretary  of  state  at  the  capital  of  the  state,  at  the  hour  of 
twelve  o'clock  noon  of  the  Saturday  next  preceding  the  second  Monday 
of  January,  as  provided  in  §  244,  and  in  case  there  shall  be  any  vacancy 
in  the  office  of  an  elector,  occasioned  by  the  death,  refusal  to  act,  neglect 
to  attend  by  the  hour  of  twelve  o'clock  noon  of  said  day,  or  on  account  of 
any  two  of  the  persons  voted  for  as  electors  having  received  an  equal  and 
the  same  number  of  votes,  or  on  account  of  the  ineligibility  of  any  person 
elected,  or  from  any  cause,  the  qualified  electors  present  shall  proceed  to 
fill  such  vacancy  by  ballot  and  plurality  of  votes,  and  the  said  electors  so 
present  shall  immediately  issue  a  certificate  of  election  signed  by  those 
present,  or  a  majority  of  them,  to  the  person  so  chosen.  In  case  of  a  fail 
ure  to  elect  by  the  said  electors  by  noon  of  the  Monday  next  following, 
the  governor  shall  fill  the  vacancy  by  appointment.  [L.  1890-91,  ch.  63, 
§  3;R.  S.  1899,  §  167.] 

§  246.  When  shall  proceed  to  vote.  The  college  of  electors  being 
full,  shall  meet  at  the  office  of  the  secretary  of  state  at  the  capital  at  noon 
of  the  said  second  Monday  of  January,  and  shall  proceed  to  the  election 
and  performance  of  their  duties  in  conformity  with  the  constitution  and 
laws  of  the  United  States  of  America.  [L.  1890-91,  ch.  63,  §  4;  R.  S.  1899, 
§  168.] 

§  247.  Compensation.  The  said  electors  shall  receive  each  a  com- 
pensation of  five  dollars  for  each  day's  attendance,  and  the  same  mileage 
as  is  provided  for  members  of  the  legislature  of  this  state,  and  the  amount 
of  such  attendance  and  mileage  shall  be  presented,  audited  and  paid  in 
the  same  manner  as  other  claims  against  the  state,  out  of  any  funds  in  the 
state  treasury  not  otherwise  appropriated.  [L.  1890-91,  ch.  63,  §  5;  R.  S. 
1899,  §  169.] 

IRRIGATION  DISTRICTS. 

For  the.  provisions  governing  elections  in  irrigation  districts,  see 
Chapter  68,  Wyoming  Compiled  Statutes,  Chapter  99,  Session  Laws,  1911, 
and  Chapter  142,  Session  Laws,  1919,  and  Chapter  2,  Special  Session  Laws, 
1920. 


ELECTION  LAWS  OF  WYOMING,  1920.  13 

ORGANIZATION  OF  COUNTIES. 

(For  the  provisions  in  regard  to  petition,  population,  and  appointment  of  commissioners, 
see  Sees.  1050-1053,  Comp.  Stat.  1910,  and  Chap,  58,   Session  Laws  1917.) 

§  1054.  Appointment  of  clerk.  Such  commissioners  shall  then  ap- 
point a  clerk  who  shall  take  an  oath  to  the  effect  that  he  will  faithfully 
and  impartially  discharge  the  duties  of  his  office  as  prescribed  by  law,  and 
also  the  oath  required  of  a  county  clerk.  The  commissioners  shall  at  the 
same  time  designate  a  place  for  the  transaction  of  their  official  duties,  and 
shall,  immediately,  in  the  manner  now  prescribed  by  the  laws  of  Wyo- 
ming for  holding  special  elections  for  county  and  precinct  officers,  call 
and  arrange  for  a  special  election  for  the  purpose  of  submitting  to  the 
qualified  electors  of  the  territory  proposed  to  be  cut  off,  the  question  of 
whether  said  qualified  electors  are  in  favor  of  division.  At  the  same  time 
said  electors  shall  in  like  manner  choose  a  location  for  a  county  seat  for 
said  new  county;  Provided,  however,  That  said  commissioners  may  call 
and  arrange  for  such  special  election,  co-incident  with  any  general  elec- 
tion.    [L.  1895,  ch.  59,  §  5 ;  R.  S.  1899,  §1007;  L.  1909,  ch.  75,  §  1.] 

Taylor  v.  Comrs.,    11  Wyo.   125,    70  Pac.   835. 

§  1055.  Expenses.  Any  and  all  expenses  for  such  special  election 
shall  be  borne  by  the  proposed  new  county,  and  the  county  commissioners 
of'the  old  county  shall  be  empowered  to  make  a  special  levy  upon  the  tax- 
able property  within  the  boundaries  of  the  proposed  new  county  for  the 
purpose  of  defraying  the  expenses  of  said  election,  and  paying  the  salaries 
of  the  first  board  of  county  commissioners  of  the  said  new  county,  ap- 
pointed by  the  governor,  and  the  salary  of  the  first  county  clerk  thereof ; 
also  to  defray  any  and  all  expenses  incident  to  the  said  special  election. 
The  county  commissioners  and  the  county  clerk  first  appointed  in  the  pro- 
posed new  county  shall  receive  a  ^salary  of  $50.00  each.  [L.  1909,  ch. 
75,  §2.] 

§  1056.  Election  of  officers.  If  a  majority  of  the  qualified  electors 
residing  in  the  territory  proposed  to  be  cut  off  vote  in  favor  of  division, 
then  said  new  county  shallbe  organized,  and  at  the  next  general  election, 
or  in  case  said  special  election  was  called  co-incident  with  a  general  elec- 
tion, then  at  such  general  election  said  qualified  electors  residing  in  said 
new  county  shall  in  the  manner  provided  by  law,  vote  for  a  member  of 
congress,  state  and  district  officers,  and  shall  at  such  election  elect  the 
members  of  the  senate  and  house  of  representatives  of  the  state  to  which 
said  county  is  entitled,  and  also  the  county  and  precinct  officers  provided 
for  by  law.     [L.  1895,  ch.  59,  §  6 ;  R.  S.  1899,  §  1008 ;  L.  1909,  ch.  75,  §  3.] 

Taylor  v.  Comrs.,   11  Wyo.   125,   70  Pac.  835. 

§  1057.  Duties  of  commissioners  and  clerk.  The  commissioners  and 
said  clerk  appointed  as  aforesaid  shall  respectively,  at  the  time  and  in  the 
manner  provided  by  laAv,  perform  all  and  singular  the  duties  preparatory 
to,  respecting  or  incident  to  such  election,  which  are  imposed  by  law  upon 
county  commissioners  and  county  clerks  respectively  in  organized  coun- 
ties ;  and  such  election  shall  be  held  and  conducted,  and  all  matters  pre- 
paratory or  incident  thereto,  or  connected  therewith,  shall  be  done  and 
performed  as  in  elections  held  in  organized  counties,  except  that  the  re- 
turns thereof  shall  be  canvassed  and  the  result  declared  by  the  commis- 
sioners appointed  by  the  governor.  [L.  1895,  ch.  59,  §7;  R.  S.  1899,  § 
1009.] 

Taylor  v.   Comrs.,    11  Wyo.   125,    70  Pac.   835. 

§  1058.  When  officers  shall  qualify.  On  the  first  Monday  of  Janu- 
ary next  following,  or  as  soon  thereafter  as  may  be  possible,  the  county 


14  ELECTION  LAWS  OF  WYOMING,  1920. 

and  precinct  officers  elected  in  such  county  shall  respectively  qualify,  and 
enter  upon  their  respective  duties  as  is  provided  by  law  in  organized 
counties;  and  when  a  majority  of  the  county  commissioners  so  elected 
shall  have  qualified  and  entered  upon  their  duties  such  county  shall  be 
deemed  and  held  to  be  organized,  and  shall  be  vested  with  all  the  powers 
of  an  organized  county  under  the  laws  of  this  state.  [L.  1895,  ch.  59,  §  8 ; 
R.  S.  1899,  §  1010.] 

Taylor  v.  Comrs.,   11  Wyo.   125,   70  Pac.  835. 

§  1059.  Bonds — How  approved.  The  commissioners  appointed  by 
the  governor  shall  approve  the  bonds  of  the  county  commissioners  elected 
at  such  first  election.    [L.  1895,  ch.  59,  §  9 ;  R.  S.  1899,  §  1011.] 

Taylor  v.  Comrs.,   11  Wyo.   125,   70  Pac.  835. 

§  1060.  New  county  segregated.  For  the  purpose  of  such  election 
any  such  unorganized  county  shall  be  deemed  to  be  segregated  from  the 
original  county  or  counties  from  which  the  sajtne  is  taken.  [L.  1895,  ch. 
59,  §  10;R.  S.  1899,  §  1012.] 

Taylor  v.  Comrs.,   11  Wyo.   125,   70  Pac.  835. 

COURT  HOUSE  AND  JAIL  BONDS. 

§  1100.  Election  for.  The  board  of  the  county  commissioners  of  any 
county  may,  at  any  time,  whenever  a  majority  thereof  so  decide,  submit 
to  the  electors  of  the  county,  the  question  of  whether  the  board  of  the 
county  commissioners  shall  be  authorized  to  issue  the  registered  coupon 
bonds  of  the  county  to  a  certain  amount  which,  together  with  the  existing 
indebtedness  of  such  county  shall  not  exceed  two  per  centum  of  the  tax- 
able property  in  said  county  as  shown  by  the  last  general  assessment 
preceding,  and  bearing  a  certain  rate  of  interest,  not  exceeding  six  per 
cent  per  annum,  and  to  be  issued,  payable  and  redeemable  in  the  manner 
hereafter  provided,  for  the  purpose  of  providing  means  for  the  construc- 
tion of  a  court  house  and  jail,  or  either,  for  purchasing  a  site  therefor,  and 
for  the  necessary  furnishings  and  equipment  of  the  same.  [L.  1903,  ch. 
76,  §  2.] 

State  V.   School  Dist.,   38  Pac.   462    (Mont.). 

COUNTY  AND  PRECINCT  OFFICERS. 

§  1136.  Time  of  qualifying.  All  county  officers  elected  at  any  gen- 
eral election,  shall  qualify  and  enter  upon  the  discharge  of  their  respective 
duties  upon  the  first  Mondav  in  January  immediately  following  such  gen- 
eral election.     [R.  S.  1887,  §  1903 ;  R.  S.  1899,  §  1224.] 

Ballantyne  v.  Bower,  Sheriff,  iV  Wyo.  356,  362,  99  Pac.  869. 

COUNTY  COMMISSIONERS. 

§  1162.  Terms.  The  board  of  county  commissioners  of  each  county 
shall  consist  of  three  qualified  electors  who  shall  hereafter  be  elected  in 
the  manner  following:  At  the  general  election  to  be  held  in  November, 
1900,  there  shall  be  elected  in  each  organized  county  two  commissioners 
for  a  term  of  two  years  and  one  commissioner  for  a  term  of  four  years, 
the  persons  so  elected  to  constitute  said  board,  and  thereafter  at  each 
general  election  there  shall  be  elected  in  each  organized  county,  one  com- 
missioner for  a  term  of  two  years  and  one  commissioner  for  a  term  of  four 
years.  Each  person  elected  as  such  commissioner  shall  on  or  before  the 
first  Monday  in  January  succeeding  his  election,  if  elected,  and  immedi- 
ately upon  being  appointed  to  fill  a  vacancy  in  the  board  of  county  com- 
missioners, take  and  subscribe  the  same  oath  of  office,  which  is  required 


ELECTION  LAWS  OF  WYOMING,  1920.  15 

of  other  county  officers,  and  also  shall  give  a  bond  to  the  state  of  Wyo- 
ming in  the  sum  of  one  thousand  dollars,  conditioned  for  the  faithful,  im- 
partial and  honest  performance  of  their  duties  as  by  law  required,  which 
shall  be  approved  by  the  clerk  of  the  district  court.  Any  two  of  such 
board  shall  constitute  a  quorum  and  shall  be  competent  to  act ;  Provided, 
That  in  counties  of  the  fourth  class,  if  it  shall  be  so  decided  by  a  majority 
of  the  voters  of  the  county,  at  any  general  election,  there  shall  be  two 
county  commissioners  elected,  one  for  the  term  of  four  years  and  one  for 
the  term  of  two  years,  and  at  each  general  election  thereafter,  one  com- 
missioner for  a  term  of  four  years?  And  such  two  members  so  elected,  to- 
gether with  the  county  clerk  as  member  ex  officio,  shall  constitute  the 
board  of  county  commissioners  of  said  county.  And  the  commissioners  of 
such  counties  of  the  fourth  class  shall  subscribe  to  the  same  oath,  and  give 
bond  in  the  same  amount  as  is  required  of  other  commissioners,  said  bonds 
to  be  approved  by  the  treasurer  of  said  county.  The  county  commission- 
ers in  any  fourth  class  county  shall,  upon  petition  of  twenty-five  or  more 
voters  and  taxpayers  of  such  county,  submit  the  question  as  to  the  num- 
ber of  commissioners  to  be  elected  in  their  county,  to  the  voters  of  said 
county  at  any  general  election.  [L.  1890-91,  ch.  57,  §1;  L.  1899,  ch.  11; 
R.  S.  1899,  §  1056;  L.  1901,  ch.  35.] 

§  1166.    Enumerated  powers- of  commissioners.    The  board  of  county 

commissioners  of  each  county  shall  have  power  at  any  meeting: 
********* 

6.     To  establish  election  precincts  at  such  places  in  the  county  as  the 
convenience  of  the  inhabitants  may  require. 


COUNTY  TREASURER. 

§  1181.  Election  and  term  of  office — Bond.  There  shall  be  elected 
in  each  county  in  the  state  one  county  treasurer.  He  shall  hold  his  office 
for  a  term  of  two  years,  and  until  his  successor  is  elected  and  qualified, 
and  shall  be  incapable  of  holding  the  said  office  longer  than  four  in  any 
period  of  six  years. 

(Provisions  in  regard  to  bond  omitted.) 

COUNTY  AND  PROSECUTING  ATTORNEY. 

§  1204.  Oath  and  bond.  There  shall  be  in  each  organized  county,  a 
county  and  prosecuting  attorney  who  shall  be  a  member  of  the  bar  of  this 
state,  and  who  shall,  before  entering  upon  the  duties  of  his  office,  take  the 
oath  required  of  other  county  officers  and  give  bond  to  the  people  of  this 
state  in  the  penal  sum  of  two  thousand  dollars,  with  sufficient  surety,  to 
be  approved  by  the  board  of  county  commissioners,  conditioned  for  the 
faithful  performance  of  the  duties  of  his  office,  as  required  by  law,  and 
said  bond  shall  be  filed  with  the  county  clerk,  and  a  copy  of  his  certificate 
of  election  and  oath  shall  be  filed  by  such  attorney  with  the  clerk  of  the 
district  court  sitting  for  his  county.     [Chapter  3,  Session  Laws,  1915.] 

SHERIFFS. 

§  1212.  Term  of  office — Oath  and  bond.  There  shall  be  in  each 
county  organized  for  judicial  purposes,  a  sheriff,  who  shall  hold  his  office 
for  the  term  of  two  years,  and  until  his  successor  is  elected  and  qualified, 
or  appointed  and  qualified,  as  the  case  may  be. 

(Provisions  in  regard  to  oath  and  bond  omitted.) 


16  ELECTION  LAWS  OF  WYOMING,  1920. 

COUNTY  CLERKS; 

§  1237.  Election — Bond — Duties.  There  shall  be  a  county  clerk  for 
each  county  in  the  state,  who  shall  be  elected  and  shall  hold  his  office  for 
two  years  and  until  his  successor  is  elected  and  qualified.  His  term  of 
office  shall  commence  on  the  first  Monday  in  January  in  the  odd  numbered 
years.  He  shall,  before  entering  upon  the  duties  of  his  office,  take  the 
oath  prescribed  by  the  constitution,  and  execute  and  file  with  the  county 
treasurer,  a  bond  with  two  or  more  sufficient  sureties  in  the  penal  sum  of 
not  less  than  four  thousand  dollars,  to  be  approved  by  the  board  of  county 
commissioners,  conditioned  that  he  will  faithfully  perform  all  the  duties 
of  his  office,  and  pay  all  moneys  that  may  come  into  his  hands  by  virtue  of 
his  office,  as  required  by  law,  and  deliver  to  his  successor  in  office  all 
books,  records,  papers  and  other  things  belonging  to  his  said  office;  Pro- 
vided, That  in  counties  of  the  second,  third  and  fourth  classes  the  county 
clerk  shall  be  ex  officio  clerk  of  the  district  court  and  shall  perform  all  the 
duties  pertaining  to  that  office,  but  shall  receive  no  additional  or  separate 
compensation  therefor.  [L.  1890-91,  ch.  54,  §  1 ;  L.  1895,  ch.  73,  §  1 ;  R. 
S.  1899,  §  1136.] 

Reals  V.  Smith,   8  Wyo.  159,   56  Pac.  690. 

CLERKS  OF  DISTRICT  COURT. 

§  928.  Clerks  shall  be  elected — Exception.  There  shall  be  a  clerk  of 
the  district  court  in  each  organized  county  of  the  state  whose  term  of 
office  shall  be  two  years  and  until  his  successor  is  elected  and  qualified. 
Clerks  of  the  district  court  shall  be  elected  at  general  elections  in  counties 
of  the  first  and  second  class ;  in  all  other  counties  the  county  clerk  shall 
be  ex  officio  clerk  of  the  district  court,  and  shall  perform  all  of  the  duties 
pertaining  to  the  office  of  clerk  of  the  district  court.  [Chapter  40,  Session 
Laws,  1915.] 

COUNTY  ASjSESSOR. 

§  1260.  Election  of.  At  the  general  election  held  in  November, 
1908,  and  at  each  general  election  held  thereafter  in  the  state  of  Wyoming, 
there  shall  be  elected  a  county  assessor  for  each  county  of  the  state  of 
Wyoming,  who  shall  be  a  qualified  elector  of,  and  who  is  a  property  owner 
and  freeholder  of  his  said  county.     [L.  1907,  ch.  80,  §  2.] 

§  1261.  Term  of  office.  Each  assessor  so  elected  shall  hold  his  said 
office  for  a  period  of  two  years,  or  until  his  successor  is  qualified.  [L. 
1907,  ch.  80,  §  3.] 

CORONER. 

§  1276.  Term  of  office— Oath  and  bond.  There  shall  be  in  each  or- 
ganized county,  a  coroner,  who  shall  hold  his  office  for  tw^o  years,  and 
until  his  successor  is  elected  and  qualified  according  to  law.  He  shall 
take  the  oath  prescribed  by  the  constitution  of  the  state  and  give  bond  to 
the  state  of  Wyoming,  in  the  penal  sum  of  one  thousand  dollars,  with  suf- 
ficient sureties,  to  be  approved  by  the  board  of  county  commissioners,  con- 
ditioned that  he  will  faithfully  perform  all  duties  required  by  law  as  such 
coroner.     [R.  S.  1887,  §  1876;  R.  S.  1899,  §  1170.] 

SURVEYOR. 

§  1290.  Term  of  office^Oath  and  bond — Deputy.  There  shall  be  in 
each  organized  county,  a  county  surveyor,  who  shall  hold  his  office  for  two 


ELECTION  LAWS  OF  WYOMING,  1920.  17 

years,  and  until  his  successor  is  elected  or  appointed,  and  qualified  accord- 
ing to  law.     (Provisions  governing  oath,  bond,  and  deputy  omitted.) 

SUPERINTENDENT  OF  SCHOOLS. 

§  1296.  Oath  and  bond — Prohibited  from  teaching.  There  shall  be 
in  each  organized  county  a  superintendent  of  public  schools,  who  shall, 
before  entering  upon  the  duties  of  his  office,  take  the  oath  prescribed  by 
the  constitution  and  give  bond  to  the  state  of  Wyoming  in  the  penal  sum 
of  five  hundred  dollars  for  the  faithful  performance  of  all  duties  required 
of  him  by  law  as  such  superintendent,  to  be  approved  by  the  board  of 
county  commissioners,  and  together  with  his  certificate  of  election  and 
oath,  filed  in  the  county  clerk's  office;  Provided,  That  no  person  shall  at 
the  same  time  hold  the  positions  of  county  superintendent  of  public  schools 
and  teacher  in  any  public  school  in  his  or  her  county.  [R.  S  .1887,  §  1898  • 
R.  S.  1899,  §  1190.] 

ROAD  SUPERVISOR. 

Sec.  2547.  Counties  shall  be  divided.  All  counties  shall  be  divided 
into  road  districts.  The  board  of  county  commissioners  of  each  county 
shall  divide  their  county  into  road  districts  of  as  compact  form  and  con- 
venient size  as  is  practicable,  and  embracing  the  territory  within  an  elec- 
tion district  if  possible,  and  may  change  or  alter  said  road  districts  from 
time  to  time,  as  the  public  convenience  may  require.  [Chapter  59,  Session 
Laws,  1913.] 

§  2548.  Election  or  appointment  of  supervisors.  When  the  county 
is  divided  into  road  districts  as  provided  in  the  preceding  section,  there 
shall  be  elected  at  each  general  election  for  county  officers  by  the  quali- 
fied electors  thereof,  a  district  road  supervisor  for  each  district,  who 
shall  hold  his  office  for  two  years,  and  until  his  successor  is  elected  or 
appointed  and  qualified,  and  his  term  of  office  shall  begin  on  the  first 
Monday  of  January  succeeding  his  election.  Whenever  any  vacancy  oc- 
curs from  whatever  cause  in  the  office  of  the  district  road  supervisor,  the 
board  of  the  county  commissioners  shall  fill  such  vacancy  by  appointment 
until  the  qualification  of  such  officer  elected  at  the  next  general  county 
election.     [L.  1895,  ch.  69,  §  33 ;  R.  S.  1899,  §  1938.] 

§  2549.  Election  of  supervisor — When  required.  Unless  the  county 
be  divided  into  road  districts,  there  shall  be  elected  at  the  general  election 
for  county  officers  in  each  county  a  road  supervisor,  who  shall  hold  his 
office  for  the  term  of  two  years  from  the  first  Monday  in  January  succeed- 
ing his  election,  and  until  his  successor  is  elected  or  appointed  and  quali- 
fied.    [L.  1895,  ch.  69,  §  34;  R.  S.  1899,  §  1939.] 

§  2551.  Oath  and  bond  of  supervisor.  Each  road  supervisor, 
whether  county  or  district,  shall  hold  his  office  for  the  term  of  two  years 
beginning  with  the  first  Monday  in  January  next  succeeding  his  election 
and  until  his  successor  is  duly  elected  or  appointed  and  qualified  accord- 
ing to  law,  unless  sooner  removed.  *  *  * 

JUSTICE  OF  THE  PEACE  AND  CONSTABLE. 

§  5177.  County  commissioners  to  establish  precincts.  There  shall 
be  elected  or  appointed,  as  by  law  provided,  in  each  county,  one  justice  of 
the  peace  and  one  constable  in  such  precincts  as  the  boards  of  county 


18  ELECTION  LAWS  OF  WYOMING,  1920. 

commissioners  may  establish,  and  it  shall  be  the  duty  of  the  county  com- 
missioners to  divide  the  county  into  justice  and  constable  precincts,  which 
shall  be  composed  of  one  or  more  voting  precincts,  and  the  justice  and 
constable  shall  not  be  voted  for  outside  of  the  precinct  for  which  they 
are  to  be  elected,  in  which  they  live.  [L.  1895,  ch.  72,  §1 ;  R.  S.  1899, 
§  4316.] 

Ballantyne  v.   Bower,    17   Wyo.   356,    99   Pac.   869. 


LARAMIE  CHARTER. 


§  1426.  Mayor  and  councilmen — Term  of  office — Qualifications — 
Annual  elections^ Vacancies.  The  mayor  of  said  city  shall  be  elected  for 
the  terra  of  one  year,  and  shall  hold  his  office  until  his  successor  is  duly 
elected  and  qualified.  The  first  ward  and  second  ward  shall  be  repre- 
sented by  two  councilmen  each,  and  the  third  ward  shall  be  represented 
by  one  councilman.  The  annual  election  shall  be  held  on  the  first  Tues- 
day in  April  of  each  year.  At  the  first  election  each  ward  shall  elect  one 
member  of  the  council  to  serve  two  years  and  one  member  to  serve  one 
year,  and  thereafter  one  member  of  the  council  to  serve  two  years,  except 
that  the  third  ward  shall  elect  one  councilman  each  year.  At  such  annual 
election  the  polls  in  each  ward  shall  be  opened  at  nine  o'clock  a.  m.,  and 
remain  open  until  four  o'clock  p.  m.  No  person  shall  be  eligible  to  office 
of  mayor  or  councilman  who  is  not  a  resident  freeholder  of  said  city  at 
the  time  of  his  election  and  does  not  possess  all  the  qualifications  re- 
quired of  electors  under  this  charter.  Councilmen  shall  be  residents  of 
the  wards  from  which  they  are  elected,  and  if  any  councilman  shall  re- 
move from  the  ward  from  which  he  is  elected,  his  seat  shall  be  declared 
vacant,  and  whenever  there  shall  be  a  vacancy  in  the  office  of  council- 
man, a  special  election  shall  be  ordered  by  the  mayor  to  fill  such  office, 
and  he  shall  give  five  days'  notice  thereof  by  proclamation.  All  vacancies 
occurring  between  elections,  in  any  elective  or  appointive  offices  provided 
for  in  this  chapter,  except  the  offices  of  mayor  and  councilman,  shall  be 
filled  by  appointment  by  the  mayor,  by  and  with  the  advice  and  consent 
of  the  council.     [R.  S.  1887,  §  208 ;  R.  S.  1899,  §  1334.] 

NOTE — See   general   municipal    election    laws,    Ch.    154. — Compiler. 

§  1427.  Qualifications  of  electors — Paying  poll  tax.  Every  legal 
voter  of  this  state,  who  shall  have  been  a  bona  fide  resident  of  his  ward 
five  days  and  of  the  city  sixty  days  next  preceding  any  city  election,  shall 
be  qualified  to  vote  therein  at  such  election.  Provided,  That  no  person 
shall  be  deemed  a  qualified  elector  at  any  such  election  who  has  not  paid 
a  poll  tax  for  the  year  preceding  the  one  in  which  such  election  is  held, 
which  poll  tax,  to  entitle  such  person  to  vote,  must  have  been  paid  at  least 
twenty  days  previous  to  the  day  of  such  election;  Provided,  That  no  per- 
son shall  be  disqualified  from  voting  under  this  section  by  reason  of  not 
having  paid  such  poll  tax,  if  he  or  she  is  not  reciuired  by  law  to  pay  such 
poll  tax.     [R.  S.  1887,  §  209;  R.  S.  1899,  §  1335.] 

NOTE — See   general   municipal   election   laws,    Ch.    154. — Compiler.      (See    Sec.    2283.) 

§  1429.  Duties  of  mayor — Casting  vote.  The  mayor  shall  preside 
at  all  meetings  of  the  city  council,  and  shall  have  a  casting  vote  when  the 
council  is  equally  divided,  and  none  other,  and  shall  have  the  superin- 
tending control  of  all  the  officers  and  affairs  of  the  city,  and  shall  take 
care  that  the  ordinances  of  the  city  and  this  chapter  are  complied  with ; 
the  mayor  shall  commission  all  officers  appointed  or  elected.  [R,  S.  1887, 
§  211;  R.  S.  1899,  §  1337.] 


ELECTION  LAWS  OF  WYOMING,  1920.  19 

§  1430.  Elective  and  appointive  officers.  At  each  city  election  there 
shall  also  be  elected  a  mayor,  a  city  treasurer,  a  city  clerk,  who  shall  be 
ex  officio  city  assessor,  each  of  whom  shall  hold  his  office  for  the  term  of 
one  year  and  until  his  successor  is  elected  and  qualified.  The  mayor  shall 
appoint,  by  and  with  the  advice  and  consent  of  the  council,  a  city  attorney, 
a  city  marshal  w^ho  shall  be  ex  officio  city  tax  collector,  a  chief  engineer 
and  an  assistant  engineer  of  the  fire  department,  a  civil  engineer,  and  such 
policemen  as  may  be  required,  not  exceeding  two  regular  policemen,  each 
of  which  appointed  officers  shall  hold  his  office  for  the  term  of  one  year 
and  until  his  successor  is  appointed  and  qualified.  When  any  nomination 
of  the  mayor  is  not  confirmed  by  the  council,  it  shall  be  his  duty  to  at 
once  send  in  other  names  until  the  council  does  confirm.  All  city  officers, 
whether  elected  or  appointed,  shall  qualify  and  enter  upon  the  discharge 
of  their  respective  duties  upon  the  first  Tuesday  in  May  immediately  fol- 
lowing their  election.  The  mayor  and  council  may  remove  any  of  the 
said  appointed  or  elected  city  officers  named  in  this  section,  except  the 
mayor,  for  inefficiency,  maladministration  of  his  office,  or  for  any  derelic- 
tion or  violation  of  duty ;  Provided,  That  no  such  officer  shall  be  removed 
as  aforesaid,  until  he  shall  have  been  notified  of  such  intended  removal, 
and  of  the  charge  or  charges  preferred  against  him,  which  notice  shall  be 
served  upon  him  by  the  mayor  or  the  city  clerk,  and  an  opportunity  given 
to  him  to  answer  said  charge  or  charges.  [R.  S.  1887,  §  212;  L.  1888,  ch. 
45,  §  1 ;  L.  1890,  ch.  3,  §  1 ;  R.  S.  1899,  §  1338.] 

RAWLINS  CHARTER. 

§  1521.  Mayor  and  trustees — Term  of  office — Qualificatians — Annual 
elections.  The  mayor  of  said  city  shall  be  elected  for  the  term  of  one 
year,  and  shall  hold  his  office  until  his  successor  is  duly  elected  and  quali- 
fied. At  the  first  election  under  this  charter,  there  shall  be  elected  three 
trustees,  one  of  whom  shall  hold  his  office  for  a  term  of  three  years,  one 
for  two  years,  and  one  for  one  year,  and  until  their  successors  are  elected 
and  qualified.  The  first  election  under  this  charter  shall  be  held  on  the 
second  Tuesday  in  April,  eighteen  hundred  and  eighty-six,  and  thereafter 
an  annual  election  shall  be  held  on  the  second  Tuesday  in  April  in  each 
year.  At  each  annual  election  after  said  first  election  there  shall  be 
elected  a  mayor  to  serve  one  year,  and  one  member  of  the  board  of  trustees 
to  serve  three  years.  At  such  annual  election  the  polls  shall  be  opened  at 
nine  o'clock  a.  m.  and  remain  open  until  four  o'clock  p.  m.  No  person 
shall  be  eligible  to  the  office  of  mayor  or  trustee  who  is  not  a  resident 
freeholder  of  said  city  at  the  time  of  his  election,  and  does  not  possess  all 
the  qualifications  ref|uired  of  electors  under  this  charter.  [R.  S.  1887, 
§  414;  R.  S.  1899,  §  1491.] 

§  1522.  Qualifications  of  electors.  Every  legal  voter  of  this  state 
who  shall  have  been  a  bona  fide  resident  of  said  city  sixty  days  next  pre- 
ceding any  city  election,  shall  be  qualified  to  vote  therein  at  such  election, 

[R.  S.  1887,  §  415;  R.  S.  1899,  §  1492.] 

NOTE — See   general   municipal    election    laws,    Ch.    154. — Compiler. 

§  1523.  Manner  of  conducting  elections.  The  mayor  and  three 
trustees  shall  be  elected  in  the  same  manner  as  provided  by  law  in  the 
election  of  county  and  precinct  officers.  At  the  first  meeting  of  the  board 
of  trustees,  held  after  the  first  election  under  this  chapter,  the  three  trus- 
tees, so  chosen,  shall  draw  lots  to  decide  the  length  of  the  terms  during 
which  they  shall  respectively  hold  the  offices  of  trustees,  as  provided  in 
§  1521.     [R  .S.  1887,  §  416;  R.  S.  1899,  §  1493.] 


20  ELECTION  LAWS  OP  WYOMING,  1920. 

§  1524.  Duties  of  mayor.  *  *  *  The  mayor  shall  commission  all 
officers  appointed  or  elected.     [R.  S.  1887,  §  417;  R.  S.  1899,  §  1494.] 

§  1549.  Elections — Oath  of  officers.  The  board  of  trustees  shall  pro- 
vide by  ordinance  for  holding  all  after  the  first  election  provided  for  in 
this  chapter,  for  the  appointment  of  judges  and  clerks,  who  shall  be  duly 
qualified  electors  of  said  city.  Every  officer  of  said  city  elected  or  ap- 
pointed under  the  provisions  or  by  virtue  of  this  chapter  or  any  ordinance 
of  said  city,  shall  take  and  subscribe  to  an  oath  or  affirmation  before  some 
officer  of  Carbon  county  authorized  to  administer  oaths,  that  he  will  sup- 
port the  constitution  of  the  United  States,  the  constitution  of  this  state, 
the  laws  of  this  state,  the  provisions  of  this  chapter,  and  the  ordinances 
of  the  said  city  of  Rawlins,  and  that  he  will  well  and  faithfully  discharge 
and  perform  all  the  duties  of  his  office  according  to  law.  [R.  S.  1887,  §§ 
442,  443;  R.  S.  1899,  §  1519.] 


REORGANIZATION  OF  SPECIAL  CHARTER  CITIES. 
Chapter  26,  1913  Session  Laws. 


J 


Section  1.  May  abandon  charter.  Any  city  or  town  heretofore  or- 
ganized under  a  special  charter,  may  abandon  such  charter  and  organize 
under  the  provisions  of  the  general  laws  relative  to  the  incorporation  of 
towns,  upon  complying  with  the  provisions  of  this  act. 

Sec.  2.  Organize  under  general  law.  Whenever  such  city  or  town 
shall  desire  to  abandon  its  charter  as  aforesaid,  the  city  or  town  council 
or  board  of  trustees  may,  by  resolution  approved  by  the  mayor  thereof 
determine  to  abandon  such  charter  and  organize  under  the  provisions  of 
the  general  law^s.  Such  resolutions  and  approval  shall  thereupon  be  certi- 
fied to  the  governor  of  the  state  under  the  seal  of  such  city  or  town,  and 
the  governor  shall  then  by  public  proclamation  declare  such  city  or  town 
organized  under  the  provisions  of  the  general  laws  of  the  state  relative  to 
the  incorporation  of  towns,  with  all  of  the  powers  and  obligations  per- 
taining thereto ;  Provided,  further.  Said  proclamation  of  the  governor 
shall  be  published  by  said  city  or  town  for  a  period  of  three  consecutive 
weeks  in  a  newspaper  of  general  circulation  in  said  city,  and  in  all  cases 
a  certified  copy  of  said  proclamation  of  the  governor,  together  with  proof 
of  the  publication  thereof,  as  aforesaid,  shall  be  recorded  in  the  office  of 
the  county  clerk  and  ex  officio  register  of  deeds  in  the  county  within  which 
said  city  is  located,  and  the  record  of  such  proclamation  shall  be  received 
as  evidence  of  the  organization  and  corporate  existence  of  said  city  or 
town  under  the  laws  of  this  state,  within  any  of  the  courts  of  the  state  of 
Wyoming. 

Sec.  3.  Election.  The  government  of  such  city  or  town  will  continue 
in  authority  until  the  officers  elected  at  the  first  regular  city  or  town 
election  after  said  proclamation  shall  have  assumed  their  respective  offices. 
The  first  regular  city  or  town  election  after  such  proclamation  shall  be 
held  at  the  time  prescribed  in  the  charter  therefor,  and  the  persons  elected 
or  appointed  to  office  shall  assume  their  respective  offices  on  the  second 
Tuesday  in  May  following  their  election,  Provided,  however.  That  all 
regular  city  or  town  elections  subsequent  to  the  first  election  after  said 
proclamation  of  the  governor,  shall  be  upon  the  dates  provided  therefor 
by  the  general  laAvs  relative  to  the  incorporation  of  towns  and  the  officers- 
elect  shall  assume  office  at  the  dates  therein  fixed. 


t:LEOTION  LAWS  OF  WYOMING,  1920.  ^1 

Sec.  4.  Officers  to  be  elected.  At  the  first  election  subsequent  to 
the  proclamation  of  tlie  governor  as  aforesaid,  there  shall  be  elected  one 
mayor  and  one  councilman  to  hold  office  for  the  term  of  two  years  from 
and  after  the  second  Tuesday  in  May  following  their  election;  on  the 
second  Tuesday  in  May  on  the  year  following  said  first  election  there 
shall  be  elected  two  councilmen  to  hold  office  for  the  term  of  three  years ; 
and  on  the  second  Tuesday  in  May  of  the  second  year  following  said  first 
election,  and  every  two  years  thereafter,  there  shall  be  elected  one  mayor 
for  the  term  of  two  years  and  two  councilmen  for  the  term  of  four  years. 
All  of  the  officers  named  above  shall  hold  office  until  their  successors  are 
elected  and  qualified. 

GENERAL  INCORPORATION  OF  TOWNS. 

§  1556.  Appointment  of  election  inspectors.  The  board  of  the  county 
commissioners  shall  hear  all  the  parties  interested  in  such  application, 
who  shall  appear  and  ask  to  be  heard,  and  it  may  adjourn  such  hearing 
from  time  to  time.  If  such  board,  after  hearing  the  parties,  shall  be 
satisfied  that  all  the  requirements  of  this  chapter  in  respect  to  such  ap- 
plication have  been  fully  complied  with,  and  that  such  territory  contains 
the  population  required  by  §  1551,  it  shall  make  an  order  appointing  three 
inspectors,  who  shall  at  once  call  an  election  of  all  the  qualified  electors 
residing  within  the  territory  embraced  within  said  limits  as  described  and 
platted,  to  be  held  at  some  convenient  place  within  said  limits,  the  notice 
for  which  shall  be  given  by  publication  in  some  newspaper  published 
within  said  limits,  if  there  be  any,  for  three  successive  weeks,  and  by  post- 
ing notices  in  five  places  within  said  limits.  If  there  be  no  newspaper 
within  said  limits,  then  such  notice  shall  be  given  by  posting  in  eight  pub- 
lic places  within  the  same;  said  posting  and  the  first  publication  to  be  not 
less  than  three  weeks  preceding  such  election.  Such  notice  shall  specify 
the  place  and  time  of  such  election;  it  shall  contain  a  description  of  the 
limits  of  said  proposed  town  or  city.  Said  inspectors  shall  act  as  judges 
and  clerks  of  the  election,  and  shall  qualify  as  required  by  law  for  judges 
and  clerks  at  city  and  town  elections,  and  shall  report  the  result  of  the 
ballot  to  the  said  board ^of  the  county  commissioners,  which  report  shall 
be  filed  with  the  county  clerk  aforesaid.  The  ballots  used  at  said  election 
shall  be  "for  incorporation"  or  "against  incorporation."  [L.  1890,  ch. 
25,  §3;R.  S.  1899,  §  1526.] 

State  V.   Lamoureaux,    3   Wyo.    731,    30  Pac.   243. 

§  1557.  Election  to  incorporate.  If  a  majority  of  the  ballots  cast  at 
such  election  be  in  favor  of  such  incorporation,  the  county  clerk  shall, 
immediately  on  the  report  of  the  said  inspectors  being  filed  in  his  office, 
give  notice  of  the  result  by  publication  in  a  newspaper,  or  if  no  newspaper 
be  published  in  the  county,  by  posting  in  five  public  places  within  the 
limits  of  the  proposed  city  or  town,  and  a  copy  of  such  notice  with  proper 
proof  of  its  publication,  shall  be  filed  in  the  office  of  the  said  county  clerk 
with  the  papers  in  the  case.  When  the  above  requirements  are  complied 
with  and  officers  are  elected  and  qualified  for  such  city  or  town  as  herein- 
after provided,  the  incorporation  thereof  shall  be  complete,  whereof  notice 
shall  l3e  taken  in  all  judicial  proceedings.  [L.  1890,  ch.  25,  §  4;  R.  S.  1899, 
§  1527.] 

state  V.   Lamoureaux,    3   Wyo.   731,    30  Pac.    243. 

§  1558.  Election  officers.  When  the  incorporation  of  such  city  or 
town  is  completed,  the  inspectors  mentioned  in  §  1556  shall  give  notice, 


22  ELECTION  LAWS  OF  WYOMING,  1920. 

for  two  consecutive  weeks,  of  the  time  and  place  of  holding  the  first  elec- 
tion of  officers  thereof  by  publication  in  a  newspaper,  or  if  none  be  pub- 
lished within  the  limits  of  such  city  or  town,  by  posting  in  five  public 
places  within  the  limits  of  the  same.  At  such  election  the  qualified  elec- 
tors of  such  city  or  town  shall  choose  officers  thereof.  Said  inspectors 
shall  act  as  judges  and  clerks  of  the  election,  and  otherwise  it  shall  be  con 
ducted  and  the  officers  elected  thereat  shall  be  qualified  in  the  manner 
prescribed  by  law  for  the  election  and  qualification  of  city  and  town 
officers.  In  the  receiving  and  canvassing  of  votes,  the  inspectors  shall  be 
governed  by  the  laws  then  existing,  so  far  as  the  same  are  applicable,  for 
the  election  of  city  and  town  officers.  [L.  1880,  ch.  25,  §  5 ;  R.  S.  1899,  § 
1528.] 

state  V.   Lamoureaux,    3   Wyo.   731,    30   Pac.   243. 

__§  1560.  Qualifications  of  voters.  Every  elector  of  the  county  resid- 
ing in  such  town  shall  be  entitled  to  vote  at  such  first  election ;  and  at  all 
subsequent  elections,  every  elector  of  the  county,  possessing  the  qualifica- 
tions prescribed  by  the  general  municipal  election  laws  of  the  state,  shall 
be  a  qualified  voter.  [R.  S.  1887,  §  453;  R.  S.  1899,  §  1530;  L.  1909, 
ch.  92.] 

§  1561.  Canvass  of  votes.  Immediately  upon  the  closing  of  the  poll, 
the  inspectors  of  such  first  election  shall  canvass  the  votes  given  thereat, 
shall  openly  declare  the  result,  and  shall  make  and  subscribe  a  certificate 
of  such  canvass,  which  shall  show  the  whole  number  of  votes  given,  the 
number  given  for  each  person  voted  for,  and  the  office  for  which  he  shall 
have  been  voted  for ;  which  certificate  shall  be  filed  with  the  clerk  of  such 
town  as  soon  as  he  shall  have  qualified.  [R.  S.  1887,  §  454;  R.  S.  1899,  § 
1531.] 

§  1562.  Determination  of  election.  The  persons  who  are  eligible 
and  who  shall  have  received  the  highest  number  of  votes  at  such  election 
shall  be  deemed  elected,  and  each  person  so  elected  shall  be  at  once  noti- 
fied in  writing  of  his  election  by  such  inspectors.  [R.  S.  1887,  §  455;  R. 
S.  1899,  §  1532.] 

§  1563.  Certificates  of  election.  Such  inspectors  shall  also  make  a 
certified  statement  over  their  own  signatures  of  the  persons  elected  to  fill 
the  several  offices  in  said  town  at  such  first  election,  and  shall  file  the 
same  in  the  office  of  the  register  of  deeds  of  the  proper  county,  within 
fifteen  days  after  the  date  of  such  election,  and  no  act  or  ordinance  of  any 
town  council  chosen  at  such  first  election  shall  be  valid  until  the  provisions 
of  this  section  are  substantially  complied  with.  [R.  S.  1887,  §  456;  R.  S. 
1899,  §  1533.] 

§  1564.  Record  of  certified  statement  of  election.  It  shall  be  the 
duty  of  the  register  of  deeds  of  such  county  to  make  a  record  of  such  cer- 
tified statement,  for  which  service  there  shall  be  paid  the  same  fee  as  is 
allowed  for  similar  services  in  other  cases.  [R.  S.  1887,  §  457;  R.  S.  1899, 
§  1534.] 

§  1565.  Town  officers — Their  qualifications.  The  municipal  officers 
of  such  town  shall  be  a  mayor  and  four  councilmen,  who  shall  together 
form  a  town  council,  all  of  whom  shall  be  elected;  and  also,  one  marshal, 
who  shall  be  ex  officio  fire  warden  and  street  commissioner,  one  clerk,  who 
shall  be  ex  officio  assessor,  one  treasurer,  all  of  whom  shall  be  appointed, 
and  also  such  other  appointed  officers  as  shall  be  provided  for  by  ordi- 
nance under  the  provisions  of  this  chapter.     All  officers  of  such  town, 


ELECTION  LAWS  OF  WYOMING,  1920.  23 

whether  elected  or  appointed,  shall  be  qualified  electors  and  residents  of 
such  town,  and  no  person  shall  be  eligible  to  any  office  in  such  town  who 
is  a  defaulter  to  the  corporation.     [L.  1888,  ch.  43,  §  1 ;  R.  S.  1899,  §  1535.] 

NOTE — See  form  of  treasurer's  bond  required  by  Ch.   28. — Compiler. 

§  1566.  Term  of  office.  The  officers  first  elected  shall  hold  their  of- 
fices until  the  second  Tuesday  in  May  following  their  election,  and  those 
subsequently  elected  shall  hold  their  respective  offices  until  the  second 
Tuesday  in  May  following  their  election,  and  until  their  successors  are 
elected  and  qualified ;  Provided,  That  of  the  four  councilmen  first  elected 
two  shall  hold  their  offices  until  the  second  Tuesday  in  May  following 
their  election,  and  two  until  one  year  from  the  second  Tuesday  in  May 
following  their  election.  At  the  first  meeting  of  the  town  council  it  shall 
be  decided  by  lot  which  of  the  four  councilmen  shall  hold  office  for  the 
long  term ;  and  thereafter  at  each  annual  election  two  councilmen  shall  be 
elected  whose  term  of  office  shall  be  for  a  period  of  two  years,  and  until 
their  successors  are  elected  and  qualified.  [R.  S.  1887,  §  459;  R.  S.  1899, 
§  1536.1 

NOTE — As  to  official  terms  and  salaries,  when  population  exceeds  3,500  and  under  5,000, 
see  Sees.   1798,   1799. — Compiler. 

§  1567.  Official  terms— Population  1,000  to  3,500.  In  every  town 
incorporated  under  the  general  laws  of  this  state  having  a  population  of 
not  less  than  one  thousand  nor  more  than  thirty-five  hundred,  to  be  de- 
termined by  the  last  preceding  United  States  census,  and  which  is  not 
embraced  within  the  definition  of  cities  either  of  the  first  or  second  class 
as  heretofore  defined  by  law,  the  term  of  office  of  the  mayor  shall  be  two 
years  and  of  councilmen  four  years,  and  at  the  election  held  on  the  second 
Tuesday  in  May,  A.  D.  1905,  in  such  towns  as  come  within  the  provisions 
hereof,  there  shall  be  elected  one  mayor,  for  the  term  of  two  years,  and 
two  councilmen  for  the  term  of  four  years,  and  every  two  years  thereafter 
three  shall  be  elected  one  mayor  for  the  term  of  two  years  and  two 
councilmen  for  the  term  of  four  years;  Provided,  That  on  the  second 
Tuesday  in  May,  A.  D.  1906,  there  shall  be  no  election  for  mayor,  but  two 
councilmen  shall  then  be  elected,  who  shall  hold  office  until  the  second 
Tuesday  in  May  following  their  election.     [L.  1905,  ch.  74,  §  1.] 

§  1569.  Elections,  when  held.  All  elections  for  officers,  after  the 
first  election,  shall  be  held  on  the  second  Tuesday  in  May  of  each  year,  at 
such  place  as  may  be  designated  by  the  town  council ;  and  at  the  first  and 
all  subsequent  elections  the  polls  shall  be  opened  at  ten  o'clock  in  the 
forenoon  and  closed  at  four  o'clock  in  the  afternoon.  [R  .S.  1887,  §  460; 
R.  S.  1899,  §  1537.] 

NOTE — See   general   municipal    election    laws,    Ch.    154. — Compiler. 

§  1570.  Elections  in  incorporated  towns.  In  all  elections  held  in  all 
towns  incorporated  under  this  chapter,  all  persons  who  have^registered 
less  than  two  years  before  such  election,  during  a  regular  registration 
period  for  county  elections,  shall  be  entitled  to  vote  at  such  elections  in 
the  precinct  in  which  they  are  registered ;  Provided,  They  are  bona  fide 
residents  of  the  precinct  in  which  they  offer  to  vote.  All  other  persons 
who  are  duly  qualified  electors  in  the  precinct  in  which  they  offer  to  vote, 
shall  be  permitted  to  vote  in  such  precinct,  by  taking  and  subscribing  the 
same  oath  as  is  prescribed  for  registration  in  §  2150  at  the  time  they  shall 
offer  to  vote,  and  such  clerk  of  election  shall  have  power  to  administer 
such  oath ;  Provided,  That  the  law  in  reference  to  challenges  at  such  elec- 
tions is  not  hereby  abridged,  except  as  herein  modified ;  Provided,  further, 
That  the  town  clerk  of  such  town  shall  post  at  least  one  copy  of  the 


24  ELECTION  LAWS  OF  WYOMING,  1920. 

registry  list  as  furnished  him  by  the  county  clerk,  in  each  voting  precinct, 
and  shall  cause  to  be  prepared,  and  have  on  file  in  his  office  at  least  three 
days  before  such  elections,  at  least  one  copy  of  such  registry  list,  for  each 
voting  precinct,  said  lists  to  be  open  to  public  inspection.  The  mayor  of 
such  town,  by  and  with  the  advice  of  the  council,  may  appoint  one  or  more 
clerks  of  election  for  each  voting  precinct,  in  addition  to  the  number  now 
provided  by  law,  for  the  purpose  of  facilitating  registration  on  the  day  of 
the  elections  herein  provided  for,  who  shall  have  the  same  power  as  other 
clerks  of  election,  and  who  shall  have  the  power  herein  provided  for  clerks 
of  election.  No  registration  other  than  that  herein  mentioned  shall  be 
necessary  at  or  for  any  municipal  election  in  any  town  incorporated  as 
herein  mentioned,  and  all  acts  and  parts  of  acts  in  conflict  herewith  are 
hereby  repealed.     [L.  1909,  ch.  128,  §§  1,  2.] 

§  1571.  Notification  of  election — Oath  of  officers.  It  shall  be  the 
duty  of  the  town  clerk  within  five  days  after  the  result  of  the  election  is 
declared,  or  any  appointment  made,  to  notify  all  persons  so  elected  or 
appointed  to  office,  of  their  election  or  appointment,  as  the  case  may  be ; 
and  each  officer  so  elected  or  appointed,  shall,  within  five  days  after  such 
notice,  take  and  subscribe  before  some  person  authorized  to  administer 
the  same,  the  oath  required  of  county  officers,  with  such  additions  as  may 
be  prescribed  by  ordinance,  and  for  the  faithful  performance  of  the  duties 
of  his  office,  and  shall  file  the  same  with  the  clerk  of  such  town ;  and  unless 
such  oath  shall  be  so  taken  and  filed  within  the  time  aforesaid,  the  office 
shall  thereby  become  vacant.     [L.  1888,  ch.  43,  §  2 ;  R.  S.  1899,  §  1538.] 

§  1573.  Notice  of  elections.  It  shall  be  the  duty  of  the  clerk  of  such 
town  to  give  at  least  ten  days'  notice  in  writing,  by  posting  the  same  in  at 
least  three  public  places  in  such  town  of  the  time  and  place  of  holding  all 
elections.     [R.  S.  1887,  ^  463 ;  E.  S.  1899,  §  1540.] 

§  1579.  Inspectors  of  election.  Except  as  otherwise  provided  in  this 
chapter,  the  manner  of  conducting  the  voting  at  all  elections  held  under 
the  provisions  of  this  chapter,  and  the  manner  of  contesting  the  same, 
and  the  manner  of  keeping  poll-lists  and  canvassing  votes  shall  be  the 
same  as  in  the  election  of  county  officers  under  the  general  laws  of  this 
state ;  and  at  all  elections  held  under  the  provisions  of  this  chapter,  after 
the  first  election,  a  board  of  three  persons  appointed  by  the  town  council 
from  among  the  qualified  electors  of  such  town  shall  be  inspectors  of  elec- 
tions, and  such  inspectors  of  elections  shall  appoint  clerks  when  necessary 
and  shall  fill  vacancies  in  their  own  board,  and  the  inspectors  and  clerks 
shall  take  the  same  oaths  and  have  the  same  powers  and  authority  as  the 
judges  and  clerks  of  elections  would  under  the  general  laws  of  the  state. 
After  the  close  of  the  polls  the  ballots  shall  be  counted  and  the  returns 
made  out  and  returned,  under  seal,  to  the  town  clerk,  and  thereupon  the 
town  council  shall  examine  and  canvass  the  same  and  declare  the  result 
of  the  election  and  cause  a  statement  thereof  to  be  entered  upon  its  jour- 
nal. In  case  of  a  tie  vote  in  the  election  of  any  town  officer,  it  shall  be 
determined  by  lot,  in  the  presence  of  the  town  council,  in  such  manner  as 
they  shall  direct,  which  candidate  shall  be  entitled  to  office.  [L.  1888,  ch. 
43,  §  5;R.  S.  1899,  §  1546.] 

NOTE — See   general   municipal    election    laws,    Ch.    154. — Compiler. 

CITIES  OF  THE  FIRST  CLASS. 

§  1628.  Wards.  Every  city  governed  by  this  chapter  -shall  be  di- 
vided into  not  less  than  three  wards,  as  compact  in  form  and  equal  in 


ELECTION  LAWS  OF  WYOMING,  1920.  25 

proportion  as  may  be,  and  no  ward  shall  contain  less  than  one  thousand 
inhabitants,  the  boundaries  of  which  shall  be  defined  by  ordinance.  Each 
ward  shall  constitute  an  election  district.  [L.  1895,  ch.  80,  §  10;  R.  S. 
1899,  §  1596;  L.  1907,  ch.  71,  §  5.] 

§  1629.  Elections — When  held.  The  general  city  election  in  all  cities 
governed  by  this  chapter,  shall  be  held  on  the  Tuesday  following  the 
first  Monday  in  November  of  each  year.  The  polls  shall  be  opened  in  such 
place  as  may  be  designated  by  the  mayor  or  be  fixed  by  ordinance ;  and 
shall  be  kept  open  from  the  hour  of  nine  o  'clock  in  the  morning  until  five 
0  'clock  in  the  afternoon,  and  no  longer ;  Provided,  That  whenever  the 
city  election  shall  occur  at  the  same  time  provided  by  law  for  state  and 
county  elections,  the  city  clerk  shall  certify  to  the  county  clerk  the  list  of 
nominations  made  for  such  city  election  and  the  names  of  the  candidates 
for  city  offices  shall  be  printed  upon  the  same  ballot  provided  by  the 
county  for  the  election  of  state  and  county  officers.  And  in  such  case  the 
city  shall  pay  its  pro  rata  proportion  of  the  cost  of  printing  and  preparing 
such  ballots.  In  the  case  last  named  the  nominations  for  offices  to  be 
voted  for  at  a  city  election  shall  be  made  to  the  city  clerk  within  the  time 
limited  to  nominations  for  county  offices,  being  certified  to  the  county 
clerk  of  such  county  by  the  city  clerk ;  Provided,  further,  That  whenever 
the  city  election  in  any  city  or  cities  shall  occur  at  a  time  not  provided  by 
law  for  state  and  county  elections,  and  at  a  time  when  no  state  or  county 
election  is  to  be  held,  such  election  shall  be  conducted  in  all  respects  as 
heretofore  provided  by  law  for  municipal  elections,  and  in  such  cases,  the 
provisions  of  chapter  154  shall  govern  said  elections  in  so  far  as  they  shall 
be  applicable  and  not  inconsistent  with  the  provisions  of  this  chapter; 
and  Provided,  further.  That  whenever  the  city  election  in  any  such  city 
or  cities  shall  occur  at  the  same  time  provided  by  law  for  state  and  county 
elections,  and  at  the  same  time  when  a  state  or  county  election  is  to  be 
held,  the  judges  and  clerks  of  election  in  the  precincts  within  such  city  or 
cities  respectively  appointed  for  the  purpose  of  conducting  the  election 
for  state  and  county  officers,  shall  also  conduct  the  election  for  city  offi- 
cers, and  the  election  for  city  officers  shall  in  such  case,  be  canvassed  in 
the  same  manner  as  the  election  for  county  officers.  In  such  case  the 
county  clerk  for  the  proper  county  shall  certify  to  the  city  clerk  of  the 
city  the  result  of  such  canvass,  and  it  shall  be  the  duty  of  the  city  clerk 
to  issue  to  the  officers,  so  elected,  proper  certificates  of  their  election.  The 
mayor  and  council  of  any  city  to  which  this  act  shall  apply  shall  not  be 
required,  after  February  20th,  1907,  to  designate  judges  or  clerks  of  elec- 
tion or  polling  places  Avhen  the  city  election  shall  be  held  at  the  same  time 
and  place  as  the  election  for  county  and  state  officers;  but,  in  such  case, 
the  same  polling  places  within  the  city  shall  be  used  as  those  used  for  the 
election  of  state  or  county  officers ;  and  Provided,  further.  That  whenever 
the  election  for  city  officers  in  any  city  to  which  this  act  shall  be  appli- 
cable, shall  occur  at  the  same  time  as  that  provided  by  law  for  state  and 
county  election,  it  shall  not  be  necessary  for  any  registration  of  votes 
other  than  that  provided  by  law  for  the  registration  of  voters  for  state 
and  county  elections;  but  in  such  case  the  registration  of  voters  made  in 
manner  provided  by  law  preceding  state  and  county  elections  shall  be 
used  and  shall  control,  so  far  as  applicable,  in  the  election  for  city  officers, 
but  only  duly  qualified  electors,  residing  within  the  city  shall  be  permit- 
ted to  vote  for  city  officers.  Whenever  the  city  election  in  such  city  shall 
occur  in  a  year  or  at  a  time  when  there  shall  not  be  an  election  for  state 
and  county  officers,  the  provisions  of  §§  2287  to  2300,  inclusive,  respecting 


26  ELECTION  LAWS  OF  WYOMING,  1920. 

the  registration  of  voters  for  city  elections  and  the  qualifications  of  voters 
thereat,  shall  govern  and  control  at  such  election ;  and  Provided,  further, 
That  in  case  at  any  precinct,  whenever  the  city  election  shall  be  held  at 
the  same  time  as  state  and  county  elections,  there  shall  be  voters  qualified 
to  vote  at  such  precinct  for  state  or  county  officers,  but  are  not  entitled  to 
vote  for  city  officers,  the  judges  of  election  shall  furnish  to  such  voters  a 
ballot  not  containing  the  names  of  the  candidates  for  city  officers ;  and 
the  judges  of  such  precincts  shall  be  furnished  by  the  county  clerk  a  rea- 
sonable number  of  ballots  not  containing  the  names  of  candidates  for  city 
officers,  for  the  purposes  aforesaid.  [L.  1895,  ch.  80,  §  12 ;  R.  S.  1899,  § 
1598  ;L.  1907,  ch.  71,  §  6.] 

§  1630.  Special  elections.  Special  elections  may  be  held  in  all  cities 
of  the  first  class  for  all  purposes  authorized  by  law  or  the  constitution  of 
the  state,  by  giving  proper  notice  thereof  by  the  mayor,  duly  authorized 
by  the  council,  for  at  least  ten  days  previous  to  such  special  election,  by 
publishing  such  notice  in  at  least  one  newspaper  published  in  such  cities. 
All  persons  who  have  been  registered  less  than  two  years  before  such  elec- 
tion, during  a  regular  registration  period  for  county  or  city  elections, 
shall  be  entitled  to  vote  at  such  special  elections  in  the  precinct  in  which 
they  are  registered,  provided  they  are  bona  fide  residents  of  the  precinct 
in  which  they  offer  to  vote.  All  other  persons  who  are  duly  qualified 
electors  in  the  precinct  in  which  they  offer  to  vote,  shall  be  permitted  to 
vote  in  such  precinct,  by  taking  and  subscribing  the  same  oath  as  is  pre- 
scribed for  registration  in  §  2150  at  the  time  they  shall  offer  to  vote,  and 
such  clerk  of  election  shall  have  power  to  administer  such  oath.  Provided, 
That  the  law  in  reference  to  challenge  at  such  elections  is  not  hereby 
abridged,  except  as  herein  modified;  Provided,  further,  That  the  city 
clerk  of  such  city  shall  post  at  least  one  copy  of  the  registry  list  as  fur- 
nished him  by  the  county  clerk,  in  each  voting  precinct,  and  shall  cause 
to  be  prepared,  and  have  on  file  in  his  office  at  least  three  days  before  such 
election,  at  least  one  copy  of  such  registry  list  for  each  voting  precinct; 
said  lists  to  be  open  to  public  inspection.  The  mayor  of  such  city,  by  and 
with  the  advice  of  the  council,  may  appoint  one  or  more  clerks  of  election, 
for  each  voting  precinct,  in  addition  to  the  number  now  provided  by  law, 
for  the  purpose  of  facilitating  registration  on  the  day  of  the  elections 
herein  provided  for,  who  shall  have  the  same  power  as  other  clerks  of 
election,  and  who  shall  have  the  power  herein  provided  for  for  clerks  of 
elections.     [L.  1909,  ch.  51,  §  50.] 

§  1631.  Election  of  officers.  At  the  first  annual  election  of  any  city 
under  the  provisions  of  this  chapter,  a  mayor  shall  be  elected  by  a  plural- 
ity of  votes  for  the  term  of  two  years,  and  biennially  thereafter.  And  in 
each  ward  of  said  city,  as  constructed  under  the  provisions  of  this  chap- 
ter, not  less  than  two  nor  more  than  three  councilmen  shall  be  elected  for 
the  terms  of  one  and  two  years  respectively,  in  case  two  councilmen  shall 
be  elected  from  each  ward ;  and  for  one,  two,  and  three  years,  respec- 
tively, in  case  three  councilmen  shall  be  elected  therefrom,  and  one  an- 
nually thereafter,  for  the  period  of  two  or  three  years,  as  there  shall  be 
two  or  three  councilmen  elected ;  the  number  of  councilmen  to  be  elected 
from  each  ward  to  be  fixed  by  the  council  at  such  time  or  times  as  they 
may  provide  for  the  number  of  wards  constituting  such  city ;  Provided, 
That  the  terms  of  all  officers  then  in  office  and  whose  terms  are  unexpired, 
shall  hold  their  offices  until  the  first  Monday  in  January  following  the 
first  annual  election  held  under  the  provisions  of  this  chapter,  and  the 


ELECTION  LAWS  OF  WYOMING,  1920.  27 

terms  of  all  elective  officers  shall  commence  On  the  first  Monday  in  Janu- 
ary after  their  election  and  shall  continue  until  their  successors  are 
elected  and  qualified.  [L.  1895,  ch.  80,  §  13 ;  R.  S.  1899,  §  1599;  L.  1907, 
ch.  71,  §  7.] 

§  1633.  Electors — Qualifications.  The  qualifications  of  electors  in 
the  several  wards  shall  be  the  same  as  is  required  for  electors  under  the 
laws  of  the  state ;  Provided,  Such  electors  shall  be  actual  residents  in  the 
ward  in  which  they  shall  vote.  At  a  meeting  of  the  city  council  on  the 
first  Friday  in  December  after  any  city  election,  held  in  a  year  when  no 
general  state  or  county  election  is  held,  the  returns  shall  be  canvassed 
and  they  shall  cause  the  clerk  to  make  out  and  deliver  certificates  of 
election  to  the  persons  found  to  be  elected.  [L.  1895,  ch.  80,  §  15 ;  R.  S. 
1899,  §  1601;  L.  1907,  ch.  71,  §  9.] 

§  1636.  Officers— Who  qualified— Bonds.  All  officers  shall  be  quali- 
fied electors  of  the  city,  entitled  to  vote  at  all  elections  therein.  Bach  of- 
ficer shall  give  such  bond  in  such  amount  and  upon  such  conditions  as 
mav  be  provided  by  ordinances.  [L.  1895,  ch.  80,  §  18 ;  R.  S.  1899, 
§  1604.] 

§  1740.  Special  election — Bonds.  Whenever  it  shall  be  determined 
by  majority  vote  of  the  city  council  of  any  such  city,  with  the  approval  of 
the  mayor  of  the  city,  that  an  issue  of  bonds  should  be  made  under  any  of 
the  provisions  of  this  chapter,  if  such  determination  be  made  more  than 
six  months  prior  to  an  annual  election,  the  mayor  shall  call  a  special  elec- 
tion for  the  purpose  of  voting  upon  the  question  of  such  bond  issue;  if 
such  determination  be  made  less  than  six  months  prior  to  the  general  elec- 
tion, the  question  of  the  issuance  of  such  bonds  shall  be  voted  upon  at  the 
general  election.  Before  any  special  election  called  under  the  provisions 
of  this  chapter  a  notice  shall  be  given  by  publication  in  the  official  news- 
paper of  such  city  for  thirty  days  prior  to  the  date  fixed  for  such  special 
election;  whenever  any  proposition  for  the  issuance  of  bonds  is  to  be 
voted  for  at  a  general  annual  election,  such  notice  shall  be  given  thirty 
days  prior  to  such  annual  election,  by  publication  in  the  official  news- 
paper of  the  city.  Said  notice  shall  specify  the  purposes  for  which  said 
bonds  are  to  be  issued  and  an  estimate  of  the  amount  of  the  issue,  and 
shall  notify  the  electors  of  the  city  that  they  will  be  called  upon  to  vote 
either  for  or  against  such  issue  at  such  election.  It  shall  be  the  duty  of 
the  city  clerk  of  such  cities  to  cause  ballots  to  be  prepared,  either  sepa- 
rately from  other  ballots  in  case  of  a  special  election,  or  upon  other  bal- 
lots in  case  of  an  annual  election,  with  the  words,  ''For  the  issue  of  city 
bonds  for  (the  purposes  for  which  the  bonds  are  to  be  issued),"  and 
"Against  the  issue  of  city  bonds  (for  the  purposes  for  which  the  bonds 
are  to  be  issued),"  leaving  the  place  opposite  each  proposition  in  which 
the  voter  shall  mark  by  appropriate  symbol  his  vote  for  or  against  such 
bonds.  If  upon  a  canvas  of  the  votes  upon  such  proposition  a  majority 
of  the  votes  be  for  the  issue  of  such  bonds,  then  the  mayor  and  city 
council  are  authorized  to  issue  such  bonds  as  provided  in  this  chapter. 
[L.  1895,  ch.  80,  §  60;  R.  S.  1899,  §  1646.  | 

ELECTIONS  IN  CITIES  OF  SECOND  CLASS. 

§  1769.     Classification.     For  the  purposes  of  this  chapter  all  incor 
porated  cities  in  this  state,  whether  incorporated  under  a  general  law  or 
a  special  act,  having  a  population  of  six  thousand  or  more,  and  less  than 
nine  thousand,  according  to  the  census  taken  last  preceding,  under  the 


28  ELECTION  LAWS  OF  WYOMING,  1920. 

authority  of  the  United  States  of  America,  or  of  this  state,  shall  be  cities 
of  the  second  class.  The  said  cities  of  the  second  class  as  defined  by  this 
chapter,  shall  be  hereinafter  referred  to  and  designated  as  "said  cities" 
or  "said  city."  Nothing  in  this  chapter  contained  shall  be  held  or  con- 
strued to  invalidate  any  acts,  proceedings  or  elections,  held,  had,  con- 
ducted or  performed  under  and  by  virtue  of  the  section  hereby  amended 
and  the  chapter  containing  it,  but  any  and  all  elections  held  under  the 
provisions  of  said  chapter  and  the  section  hereby  amended,  in  said  cities 
of  the  second  class  as  therein  defined,  during  the  year  A.  D.  1900,  are 
hereby  legalized  and  shall  be  deemed  and  held  to  be  legal  and  valid, 
whether  the  said  cities  were  then  cities  of  the  second  class,  as  defined  by 
the  section  hereby  amended,  or  under  the  provisions  of  this  chapter.  [L. 
1897,  ch.  28,  §  1;  R.  S.  1899,  §  1673;  L.  1901,  ch.  15,  §§  1,  2.] 

§  1771.  Elective  and  appointive  officers.  At  all  elections  hereafter 
held  in  said  cities,  there  shall  be  elected  the  mayor  and  the  councilmen, 
and  no  other  officers ;  and  all  other  officers  of  said  cities,  holding  regular 
and  fixed  terms,  including  the  tre-asurer  and  the  clerk,  shall  be  appointed 
by  the  mayor,  by  and  with  the  advice  and  consent  of  the  council.  [L. 
1897,  ch.  28,  §3;  R.  S.  1899,  §  1675.] 

§  1772.  Municipal  elections.  At  the  first  election  held  in  any  city 
next  ensuing  after  such  city  shall  acquire  the  requisite  population  to  come 
within  the  provisions  of  this  chapter,  there  shall  be  elected  the  mayor  and 
also  the  councilmen  who  are  then  to  be  elected  according  to  the  laws  and 
ordinances  heretofore  in  force,  and  they  shall  hold  their  offices  respect- 
ively for  the  terms  beginning  with  the  date  of  their  qualification,  accord- 
ing to  the  laws  or  ordinances  heretofore  in  force,  to  and  until  the  first 
Monday  in  January  succeeding  the  first  ensuing  general  election  of 
county  officers;  and  all  appointive  officers  of  said  city  appointed  at  the 
time  fixed  by  the  laws  or  ordinances  heretofore  in  force  after  said  first 
city  election  shall  hold  their  offices  for  the  period  prescribed  for  elective 
officers  by  this  section,  and  until  their  successors  are  appointed  and  quali- 
fied. The  councilmen  whose  terms  of  office  extend  beyond  said  first  city 
election,  shall  continue  in  office  until  their  terms  have  severally  expired, 
when  their  immediate  successors  shall  be  appointed  by  the  mayor,  by  and 
with  the  advice  and  consent  of  the  councilmen  whose  terms  of  office  shall 
not  have  expired  at  the  time  of  such  appointment.  Such  appointees  shall 
be  appointed  for  the  fractional  term  intervening  between  their  appoint- 
ment and  the  first  Monday  in  January  succeeding  the  next  ensuing  gen- 
eral election  of  county  officers,  and  they  shall  severally  reside  in  the  ward 
which  they  are  appointed  to  represent.  [L.  1897,  ch.  28,  §  4;  R.  S.  1899, 
§  1676.] 

§  1773.  Election  of  officers.  At  the  first  election  held  in  said  cities, 
occurring  at  the  time  of  the  general  election  of  county  officers,  each  ward 
shall  elect  two  councilmen,  one  of  whom  shall  be  elected  for  the  term  of 
two  years,  and  one  of  whom  shall  be  elected  for  the  term  of  four  years, 
and  the  term  of  such  service  shall  be  printed  on  the  official  ballot  of  such 
election;  and  thereafter,  at  each  succeeding  election  held  in  said  cities, 
one  councilman  shall  be  elected  in  each  ward  for  the  full  term  of  four 
years.  The  mayor  elected  at  each  election  held  at  the  time  of  the  general 
election  for  the  election  of  county  officers,  shall  be  elected  for  the  term  of 
tw^o  years  from  the  time  fixed  for  his  qualification.  [L.  1897,  ch.  28,  §  5 ; 
R.  S.  1899,  §  1677.] 


ELECTION  LAWS  OF  WYOMING,  1920.  29 

§  1774.  Terms  of  office.  The  terms  of  office  of  the  mayor  and  coun- 
cilmeii,  elected  at  the  time  of  holding  the  general  election  for  the  election 
of  county  officers,  shall  begin  on  the  first  Monday  of  January  next  suc- 
ceeding their  election,  and  the  terms  of  all  appointive  officers  of  said  city 
shall  be  for  two  years  following  their  appointment  and  until  their  suc- 
cessors are  appointed  and  qualified  and  their  terms  of  office  shall  begin  as 
near  as  practicable  on  the  first  Monday  in  January  in  each  odd  numbered 
year,  but  the  appointive  officers  of  said  city,  at  the  time  such  city  shall 
acquire  the  requisite  population  to  come  within  the  provisions  of  this 
chapter  and  holding  their  appointment  by  virtue  of  the  laws  or  ordinances 
heretofore  in  force  shall  hold  such  appointment  until  the  first  Monday  in 
January,  succeeding  the  first  ensuing  general  election  of  county  officers, 
and  until  their  successors  are  appointed  and  qualified.  [L.  1897,  ch.  28, 
§  6;  R.  S.  1899,  §  1678.] 

§  1775.  Wards.  Each  city  of  the  second  class  shall  have  power,  in- 
its  corporate  capacity  to  divide  the  city  into  three  wards,  define  the 
boundaries  of  each  ward,  and  change,  from  time  to  time,  the  boundaries 
thereof,  in  such  manner  as  shall  make  said  wards  of  equal  population  of 
voting  strength,  as  near  as  practicable,  or  in  such  manner  as  shall  be 
deemed  necessary  and  expedient  for  the  convenience  of  the  people.  [L. 
1897,  ch.  28,  §  7;  R.  S.  1899,  §  1679.] 

§  1776.  Election — When  held — Officers.  The  city  election  in  said 
cities  shall  be  held  in  each  even  numbered  year,  at  the  date  and  time  of 
the  general  county  elections.  The  judges  and  clerks  of  such  county  elec- 
tions, within  the  limits  of  said  cities,  shall  act  as  judges  and  clerks  for  the 
election  of  city  officers  at  such  elections,  but  they  shall  receive  no  addi- 
tional compensation  for  their  services  in  conducting  said  elections  or  per- 
forming any  duties  connected  therewith,  than  that  which  may  be  pro- 
vided by  law.  The  said  judges  of  election  shall  count  and  canvass  the 
votes  for  city  officers  voted  for  at  such  elections,  and  make  due  return 
thereof,  as  in  the  case  of  county  officers.  The  names  of  all  candidates  for 
city  officers  shall  be  printed  on  the  official  ballots  for  county  officers,  and 
the  said  cities  shall  pay  their  pro  rata  and  proportionate  share  of  the  cost 
of  preparing  and  printing  such  ballots.  Such  elections  in  regard  to  the 
city  officers  shall  be  conducted  and  canvassed  in  the  same  manner  as  in 
the  case  of  county  officers,  and  the  county  clerk  shall  issue  certificates  of 
election  to  the  city  officers  elected  at  such  elections,  as  in  the  case  of 
county  officers  elect.  The  nominations  of  all  candidates  for  city  officers, 
made  prior  to  such  elections,  shall  be  in  due  time  certified  to  the  county 
clerk,  as  in  the  case  of  county  officers,  within  the  time  required  by  law  for 
filing  certificate  of  nominations  for  county  officers.  [L.  1897,  ch.  28,  §  8 ; 
R.  S.  1899,  §  1680.] 

§  1777.  Tie  vote — How  decided.  When  a  tie  shall  occur  in  the  elec- 
tion of  any  city  officer,  the  county  clerk  shall  certify  that  fact  to  the  city 
council,  and  such  council  shall,  by  order  or  resolution,  entered  of  record, 
declare  which  of  the  persons  receiving  the  same  and  equal  number  of 
votes  at  such  election,  shall  be  elected,  and  thereupon  the  person  declared 
elected  shall  be  entitled  to  hold  office  for  the  full  term  thereof.  [L.  1897, 
ch.  28,  §  9;R.  S.  1899,  §  1681.] 

§  1798.     Terms  of  office  in  cities  of  3,500  to  5,000  population.     In 

every  town  incorporated  under  the  general  laws  of  this  state  having  a 
population  of  not  less  than  thirty-five  hundred  nor  more  than  five  thou- 


30  ELECTION  LAWS  OF  WYOMING,  1920. 

sand,  to  be  determined  by  the  last  preceding  United  States  census,  not 
being  a  county  seat  and  which  is  not  embraced  within  the  definition  of 
cities  either  of  the  first  or  second  class  as  heretofore  defined  by  law,  the 
term  of  office  of  the  mayor  shall  be  two  years,  and  of  councilmen  four 
years;  Provided,  That  at  the  next  annual  town  election,  after  February 
18,  A.  D.  1899,  in  such  towns  as  come  within  the  provisions  hereof,  the 
mayor  and  councilmen  then  to  be  elected  shall  each  be  elected  for  the 
term  of  one  year,  and  at  the  regular  town  election  in  the  following  year 
the  mayor  shall  be  elected  for  the  term  of  two  years,  and  two  councilmen 
for  the  term  of  two  years,  and  two  councilmen  for  the  term  of  four  years, 
and  every  two  years  thereafter  there  shall  be  elected  one  mayor  for  the 
term  of  two  years,  and  two  councilmen  for  the  term  of  four  years.  [L. 
1899,  ch.  56,  §  1;  R.  S.  1899,  §  1758.] 

WATER  WORKS  FRANCHISE. 

§  1811.  Franchise.  The  corporate  authorities  of  any  city  or  town 
within  this  state  shall  not  grant  a  franchise  as  provided  in  this  chapter 
until  the  question  shall  have  beefi  first  submitted  to  the  voters  of  such  city 
or  town  and  by  them  approved  by  a  majority  of  all  the  votes  cast  at  such 
election.     [L.  1890,  ch.  33,  §  8;  R.  S.  1899,  §  1699.] 

§  1812.  Election.  Any  city  or  town  council  wishing  to  avail  itself 
of  the  provisions  of  this  chapter,  shall  pass  an  ordinance  calling  an  elec- 
tion and  submitting  the  question  to  the  voters  of  such  city  or  town  as  to 
whether  such  city  or  town  shall  grant  a  franchise  for  the  construction  of 
water  works,  which  election  shall  be  controlled  and  governed  by  the  pro- 
visions of  the  law  now  in  force  for  the  holding  of  elections  in  cities  and 
towns  for  the  selection  of  officers  thereof.  '[L.  1890,  ch.  33,  §  9;  R.  S. 
1899,  §  1700.] 

CHARTERED  CITIES  WITH  10,000  POPULATION. 

For  the  provisions  governing  elections  in  cities  incorporated  under  a 
special  charter  and  having  a  population  of  not  less  than  ten  thousand, 
see  Chapter  125,  Wyoming  Compiled  Statutes. 

METHOD  OF  FILLING  VACANCY  IN  CITY  OR  TOWN  COUNCIL 

Chapter  27,  Session  Laws,  1913. 

Section  1.  Vacancy  filled  at  next  general  election.  In  case  of  any 
vacancy  in  the  council  of  any  town  or  city,  whether  such  town  or  city  is 
incorporated  under  the  general  laws  of  this  state  or  by  special  act  of  the 
legislature,  such  vacancy  shall  be  filled  at  the  next  general  municipal 
election  held  in  any  such  city  or  tow^n,  the  person  so  elected  to  fill  such 
vacancy  holding  for  the  balance  of  the  regular  term  of  the  member  whose 
place  is  thereby  filled;  Provided,  however,  That  in  the  event  that  va- 
cancies shall  occur  in  any  such  council  so  that  a  quorum  cannot  be  ob- 
tained, then,  and  in  that  event,  the  mayor  of  said  city  or  town  shall  within 
ten  days  thereafter  cause  a  proclamation  to  be  issued  for  a  special  elec- 
tion in  the  said  city  or  town  to  fill  such  vacancies;  such  special  election 
shall  be  held  in.  the  manner  by  law  provided,  within  twenty  days  after 
such  proclamation  is  issued. 


ELECTION  LAWS  OF  WYOMING,  1920.  31 

COMMISSION  GOVERNMENT  FOR  CITIES. 

[Chapter  84,  Session  Laws,  1911.     Sections  not  relating  to  elections  are 

omitted.    Sections  4  and  19  are  as  amended  by  Chapter 

113,  Session  Laws,  1913.] 

Section  1.  Provisions  apply  to.  The  provisions  of  this  act  shall 
apply  to  all  cities  heretofore  incorporated  under  special  charter  and 
which  have  not  accepted  the  provisions  of  the  general  laws  governing 
the  incorporation  of  cities,  and  having  a  population  of  ten  thousand  or 
more,  according  to  the  last  census,  whether  state  or  federal,  preceding 
the  proclamation  of  the  mayor,  provided  for  in  section  2  hereof.  And  the 
provisions  herein  shall  further  apply  to  cities  of  the  first  class,  and  to 
cities  and  towns  having  a  population  of  not  less  than  seven  thousand, 
according  to  the  last  census,  state  or  federal,  preceding  the  proclamation 
of  the  mayor,  provided  for  in  section  2  hereof. 

Sec.  2.  Petition  of  fifteen  per  cent — Mayor  shall  submit.  Within 
five  days  after  the  filing  with  the  city  clerk  of  a  petition  of  electors 
equal  in  number  to  fifteen  per  centum  of  the  number  of  registered  elec- 
tors, the  mayor  shall  by  a  proclamation,  to  be  published  in  at  least  one 
newspaper  in  said  city  for  three  times,  submit  the  question  of  accepting 
the  provisions  of  this  act  to  a  special  election  to  be  held  at  a  time  spec- 
ified therein  not  less  than  thirty  days  and  not  more  than  sixty  days 
after  said  petition  is  filed.  If  the  provisions  of  this  act  are  not  accepted 
at  the  special  election  called,  the  question  of  accepting  said  provisions 
shall  not  be  resubmitted  to  the  voters  of  said  city  for  adoption  within 
two  years  thereafter,  and  then  the  question  to  accept  shall  be  resubmitted 
upon  the  presentation  of  a  petition  signed  by  electors  equal  in  number  to 
twenty-five  per  centum  of  the  number  of  registered  electors. 

Shall  proposition  to  adopt  be  accepted?  At  such  election  the  prop- 
osition to  be  submitted  shall  be,  "Shall  the  proposition  to  accept  the 
provisions  of  (describing  this  act  with  amendments,  if  any,  in  a  general 
way)  for  the  city  of  (name  of  city)  be  adopted?"  and  the  election  there- 
upon shall  be  conducted,  the  vote  canvassed,  and  the  result  declared  in 
the  same  manner  as  provided  by  law  in  respect  to  other  city  elections. 
If  the  majority  of  the  votes  cast  shall  be  in  favor  thereof,  the  city  shall 
thereupon  proceed  to  the  election  of  a  new  mayor  and  two  (2)  commis- 
sioners as  hereinafter  provided.  Immediately  after  such  proposition  is 
adopted,  the  mayor  shall  transmit  to  the  secretary  of  state  and  to  the 
county  clerk  each  a  certificate  stating  that  such  proposition  was  adopted, 
which  such  certificate  shall  be  recorded  by  said  officers  in  their  ofiices. 

After  adoption.  At  the  next  regular  city  election,  provided  for  in 
this  act,  after  the  adoption  of  such  proposition,  there  shall  be  elected  a 
mayor  and  two  (2)  commissioners.  In  the  event,  however,  that  such 
next  election  does  not  occur  within  one  year  after  such  special  election, 
the  mayor  shall  within  ten  days  after  such  special  election,  by  procla- 
mation, call  a  special  election  for  the  election  of  mayor  and  commis- 
sioners, sixty  days'  notice  thereof  being  given  in  such  call;  such  election 
in  either  case  to  be  conducted  as  hereinafter  provided. 

Sec.  3.  Existing  laws  shall  remain  in  effect.  All  laws,  now  in  force 
and  effect,  governing  such  city,  and  not  inconsistent  with  the  provisions 
of  this  act,  shall  apply  to  and  govern  such  city  after  it  shall  have  accepted 
the  provisions  of  this  act.    All  by-laws,  ordinances  and  resolutions  law- 


32  ELECTION  LAWS  OF  WYOMING,  1920. 

fully  passed  and  in  force  in  any  such  city  under  its  former  organization 
shall  remain  in  force  until  altered  or  repealed  by  the  council  elected  under 
the  provisions  of  this  act.  The  territorial  limits  of  such  city  shall  remain 
the  same  as  under  its  former  organization,  and  all  rights,  powers  and 
property  of  every  description  which  were  vested  in  any  such  city  under 
its  former  organization,  shall  vest  in  the  same  under  the  organization 
herein  contemplated,  and  no  right  or  liability  either  in  favor  of  or  against 
it  existing  at  the  time,  and  no  suit  or  prosecution  of  any  kind  shall  be 
affected  by  such  change,  unless  otherwise  provided  for  in  this  act. 

Sec.  4.  Election— When  held — Who  elected — Term  of  office.  In  every 
such  city  there  shall  be  a  regular  municipal  election  held  on  the  first  Tues- 
day after  the  first  Monday  in  November  in  the  first  year,  including  the 
year  1911,  bearing  an  odd  number  after  the  adoption  of  the  provisions  of 
this  act  and  in  every  second  year  thereafter,  at  which  such  elections  there 
shall  be  elected  a  mayor  and  two  (2)  commissioners,  each  of  whom  shall 
serve  for  the  term  of  two  years.     [Chapter  113,  Session  Laws,  1913.] 

Sec.  5.  Candidates  shall  be  nominated  by  primary.  Candidates  to 
be  voted  for  at  all  municipal  elections  at  which  a  mayor  and  commission- 
ers are  to  be  elected  under  the  provisions  of  this  act  shall  be  nominated 
by  primary  election,  and  no  other  names  shall  be  placed  upon  the  general 
ballot  except  those  selected  in  the  manner  hereinafter  prescribed.  The 
primary  election  for  such  nomination  shall  be  held  on  the.  second  Tuesday 
preceding  such  municipal  election.  All  such  primary  elections  shall  be 
called  by  a  proclamation  of  the  mayor,  stating  the  time  thereof  and  the 
officers  for  which  candidates  are  to  be  nominated,  which  proclamation 
shall  be  published  at  least  twice  in  some  newspaper  published  in  such 
city,  and  the  first  publication  of  which  notice  shall  be  at  least  thirty  (30) 
and  not  m,ore  than  forty  (40)  days  prior  to  said  primary  election,  and 
where  there  are  no  newspapers,  the  clerk  shall  post  the  notices  continu- 
ously for  said  period  in  his  office.  The  judges  of  election  appointed  for 
the  municipal  election  shall  be  the  judges  of  the  primary  election,  and  it 
shall  be  held  at  the  same  place,  so  far  as  possible,  and  the  polls  shall  be 
opened  and  closed  at  the  same  hours,  with  the  same  clerks  as  are  required 
for  said  municipal  election.  Any  person  desiring  to  become  a  candidate 
for  mayor  or  commissioner  shall,  at  least  ten  days  prior  to  said  primary 
election,  file  with  the  city  clerk  a  statement  of  such  candidacy,  in  sub- 
stantially the  following  form: 

''State  of  Wyoming,  county,  ss. 

"I, ,  being  first  duly  sworn,  say  that  1 

reside  at street,  city  of ,  county 

of ,  state  of  Wyoming;  that  I  am  a  qualified 

voter  therein ;  that  I  am  a  candidate  for  nomination  to  the  office  of  (mayor 
or  commissioner)  to  be  voted  upon  at  the  primary  election  to  be  held  on 

the Tuesday  of ,  19_.,  and  I 

hereby  request  that  my  name  be  printed  upon  the  official  primary  ballot 
for  nomination  by  such  primarv  election  for  such  office. 

'  "  (Signed) 

''Subscribed  and  sworn  to  (or  affirmed)  before  me  by 

on  this day  of ,  19__. 

"(Signed) " 

and  shall  at  the  same  time  file  therewith  the  petition  of  at  least  twenty- 
five  qualified  electors  of  such  city  requesting  such  candidacy,  which  peti- 
tion shall  be  in  substantially  the  following  form : 


ELECTION  LAWS  OF  WYOMING,  1920. 


33 


'PETITION  ACCOMPANYING  NOMINATING  STATEMENT. 

''The  undersigned,  duly  qualified  electors  of  the  city  of 

and  residing  at  the  places  set  opposite  our  respective  names  hereto,  do 
hereby  request  that  the  name  of  (name  of  candidate)  be  placed  on  the 
ballot  as  a  candidate  for  nomination  for  (name  of  office)  at  the  primary 

election  to  be  held  in  such  city  on  the Tuesday  of , 

19__.  We  further  state  that  we  know  him  to  be  a  qualified  elector  of 
said  city  and  a  man  of  good  moral  character  and  qualified  in  our  judg- 
ment for  the  duties  of  such  office. 


Names  of  Qualified  Electors  Age  Length  of  Residence  Street  Number 


Immediately  upon  the  expiration  of  the  time  of  filing  the  statements 
and  petitions  for  candidates,  the  said  city  clerk  shall  cause  to  be  pub- 
lished all  the  names  of  the  persons  nominated  in  proper  form  as  they  are 
to  appear  upon  the  primary  ballot  in  three  successive  issues  of  all  the 
daily  newspapers  published  in  said  city,  and  where  there  are  no  news- 
papers the  clerk  shall  post  notices  continuously  for  said  period  in  his 
said  office ;  at  any  time  prior  to  five  days  before  such  primary  election 
any  candidate  for  nomination  may  withdraw  his  candidacy  by  filing  with 
the  city  clerk  a  statement  to  that  effect  signed  and  sworn  to  by  him.  The 
said  clerk  shall  cause  the  primary  ballots  to  be  printed  five  days  before 
such  primary  election.  Upon  the  said  ballot  the  names  of  the  candidates 
for  the  office  of  mayor,  arranged  alphabetically,  shall  first  be  placed,  with 
a  squar^at  the  left  of  each  name  and  immediately  at  the  left  of  such 
squares,  a  brace  including  the  jiames  of  all  the  candidates  for  said  office 
shall  be  placed  and  printed  instructions,  "Vote  for  one."  Following 
these  names,  likewise  arranged  in  alphabetical  order,  shall  appear  the 
names  of  the  candidates  for  the  office  of  commissioners  with  a  square  at 
the  left  of  each  name  and  at  the  left  of  such  squares  a  brace  including  the 
names  of  all  the  candidates  for  said  offices  shall  be  placed  and  the  printed 
instruction,  "Vote  for  two."  The  ballot  shall  be  printed  upon  plain,  sub- 
stantial white  paper,  and  shall  have  no  party  designation  or  mark  what- 
ever.   The  ballots  shall  be  in  substantially  the  following  form: 

(Place  a  cross  in  the  square  preceding  the  names  of  the  parties  you 
favor  as  candidates  for  the  respective  positions.) 

OFFICIAL  PRIMARY  BALLOT. 

Candidates  for  nomination  for  mayor  and  commissioners  of  the  city 
of at  the  primary  election. 


(Date  of  Primary.) 

For  Mayor 
Vote  for  one 

in 

(Name 

of  Candidate) 

For  Commissioners  )  1 — 1 
Vote  for  two        )  1 — 1 

(Name 

of  Candidate) 

Having  caused  said  ballots  to  be  printed,  the  said  city  clerks  shall 
cause  to  be  delivered  at  each  polling  place  a  number  of  said  ballots  equal 


34  ELECTION  LAWS  OF  WYOMING,  1920. 

to  twice  the  number  of  the  registered  electors.  The  persons  who  are 
qualified  to  vote  at  the  general  municipal  election  shall  be  qualified  to 
vote  at  such  primary  election;  and  the  law  applicable  to  challenges  at  a 
general  municipal  election  shall  be  applicable  to  challenges  made  at  such 
primary  election.  Judges  of  election  shall,  immediately  upon  the  closing 
of  the  polls,  count  the  ballots  and  ascertain  the  number  of  votes  cast  in 
such  precinct  for  each  of  the  candidates,  and  make  return  thereof  to  the 
city  clerk,  upon  proper  blanks  to  be  furnished  by  the  said  city  clerk, 
within  six  hours  of  the  closing  of  the  polls.  On  the  day  following  the. 
said  primary  election,  the  said  city  clerk  shall  canvass  said  returns  so 
received  from  all  polling  precincts  and  shall  make  and  publish  in  all  the 
newspapers  of  said  city,  at  least  once,  the  result  thereof,  and  if  there  be 
no  newspapers,  he  shall  post  the  same  in  his  office.  Said  canvass  by  the 
city  clerk  shall  be  publicly  made.  The  two  candidates  receiving  the 
highest  number  of  votes  for  m'ayor  shall  be  the  candidates,  and  the  only 
candidates,  whose  names  shall  be  placed  upon  the  ballot  for  mayor  at  the 
next  succeeding  general  municipal  election.  The  four  candidates  receiv- 
ing the  highest  number  of  votes  for  commissioners,  or  all  such  candidates 
if  less  than  four,  shall  be  the  candidates,  and  the  only  candidates  whose 
names  shall  be  placed  upon  the  ballot  for  commissioner  at  such  municipal 
election.  All  electors  of  cities  under  this  act  who  by  the  laws  governing 
such  cities  would  be  entitled  to  vote  for  the  election  of  officers  at  any 
general  municipal  election  in  such  cities,  shall  be  qualified  to  vote  at  all 
elections  under  this  act;  and  the  ballot  at  such  general  municipal  elec 
tions  shall  be  in  the  same  general  form  as  for  such  primary  election,  so 
far  as  applicable,  and  in  all  elections  in  such  city  the  election  precincts, 
voting  places,  method  of  conducting  election,  canvassing  the  vote  and 
announcing  the  results,  shall  be  the  same  as  by  law  provided  foi^election 
of  officers  in  such  cities,  so  far  as  the  same  are  applicable  and  not  incon- 
sistent with  the  provisions  of  this  act.  Provided,  That  in  case  the  num- 
ber of  candidates  for  mayor  so  named  by  petition  does  not  exceed  two, 
then  the  names  of  such  candidates  for  mayor  shall  not  be  voted  upon  at 
said  primary  election,  but  shall  be  placed  upon  the  official  ballot  as 
though  nominated  at  such  primary;  and  in  case  the  number  of  candi- 
dates for  commissioners  so  named  by  petition  does  not  exceed  four,  then 
the  names  of  such  candidates  for  commissioners  shall  not  be  voted  upon 
at  such  primary  election,  but  shall  be  placed  upon  the  official  ballot  the 
same  as  though  nominated  at  such  primary;  and  where  the  number  of 
candidates  for  mayor  does  not  exceed  two  and  the  number  of  candidates 
for  commissioners  does  not  exceed  four  to  be  voted  upon  at  such  primary 
election,  then  no  such  primary  election  shall  be  held. 

No  special  registration.  Preceding  all  such  elections  and  all  special 
elections  provided  for  by  this  act  there  shall  be  no  registration  of  elec- 
tors, but  at  all  primary  elections  and  other  elections  the  registration  lists 
prepared  for  the  respective  precincts  of  such  city  preceding  the  last  pre- 
ceding general  county  or  state  election  shall  be  used  and  the  general 
laws  applicable  to  the  swearing  in  of  the  votes  of  non-registered  electors 
shall  be  applicable;  where  the  words  "registration  lists"  occur  in  this 
act  they  shall  be  taken  to  refer  to  the  aforesaid  registration  lists,  and- 
where  the  words  '^ registered  electors"  occur  in  this  act  they  shall  be 
taken  to  refer  to  the  electors  whose  names  are  registered  in  said  registra- 
tion lists. 

Sec.  6.     Punishment  for  agreeing  to  serve  candidate.     Any  person 
who  shall  agree  to  perform  any  service  in  the  interest  of  any  candidate 


ELECTION  LAWS  OF  WYOMING,  1920.  35 

for  any  office  provided  in  this  act,  in  consideration  of  any  money  or  other 
valuable  thing  for  such  services  performed  in  the  interest  of  any  candi- 
date shall  be  punished  in  the  city'  police  court  by  a  fine  not  exceeding 
one  hundred  dollars  ($100.00)  or  be  imprisoned  in  the  city  jail  not  ex- 
ceeding thirty  (30)  days,  or  both,  which  punishjnent  shall  be  in  addition 
to  and  not  a  bar  to  any  other  punishment  now  provided  by  statute  for 
such  offense. 

Sec.  7.  Bribery.  Any  person  offering  a  bribe,  either  in  money  or 
other  consideration,  to  any  elector  for  the  purpose  of  influencing  his 
vote  at  any  such  election  provided  in  this  act,  or  any  elector  entitled  to 
vote  at  any  such  election  receiving  and  accepting  such  brib*e  or  other 
consideration;  any  person  making  false  answer  to  any  of  the  provisions 
of  this  act  relative  to  his  qualifications  to  vote  at  said  election ;  any  per- 
son wilfully  voting  or  offering  to  vote  at  such  election  who  is  not  a 
qualified  elector  of  such  precinct  where  he  offers  to  vote;  any  person 
knowingly  procuring,  aiding  or  abetting  any  violation  hereof  shall  be 
deemed  guilty  of  a  misdemeanor  and  upon  conviction  thereof  in  the  city 
police  court  shall  be  fined  a  sum  not  more  than  one  hundred  dollars 
($100.00)  or  be  imprisoned  in  the  city  jail  not  more  than  thirty  (30"! 
days,  or  both. 

Sec.  8.  Mayor  cannot  veto.  Every  such  city  shall  be  governed  by  a 
council,  consisting  of  the  mayor  and  two  commissioners,  chosen  as  pro- 
vided in  this  act,  each  of  whom  shall  have  the  right  to  vote  on  all  ques- 
tions coming  before  the  council.  Two  memibers  of  the  council  shall  con- 
stitute a  quorum,  and  the  affirmative  vote  of  two  members  shall  be  neces- 
sary to  adopt  any  motion,  resolution  or  ordinance,  or  pass  any  measure, 
unless  a  greater  number  is  provided  for  in  this  act.  Upon  every  vote  the 
yeas  and  nays  shall  be  called  and  recorded,  and  every  motion,  resolution 
or  ordinance  shall  be  reduced  to  writing  and  read  before  the  vote  is  taken 
thereon.  The  mayor  shall  preside  at  all  meetings  of  the  council ;  he  shall 
have  no  power  to  veto  any  measure,  but  every  resolution  or  ordinance 
passed  by  the  council  must  be  signed  by  the  mayor,  or  by  two  commis- 
sioners, and  be  recorded,  before  the  same  shall  be  in  force. 

Sec.  14.  Interest  in  public  utilities  forbidden  to  officers  and  em- 
ployees. No  officer  or  employee  elected  or  appointed  in  any  such  city  shall 
be  interested,  directly  or  indirectly,  in  any  contract  or  job  for  work  or 
materials,  or  the  profits  thereof,  of  services  to  be  furnished  or  performed 
for  the  city;  and  no  such  officer  or  employee  shall  be  interested  directly 
or  indirectly,  in  any  contract  or  job  for  work  or  materials,  of  the  profits 
thereof,  or  services  to  be  furnished  or  performed  for  any  person,  firm  or 
corporation  operating  interurban  railway,  street  railway,  gas  works, 
water  w^orks,  electric  light  or  power  plant,  heating  plant,  telegraph  line, 
telephone  exchange,  or  other  public  utility  within  the  territorial  limits  of 
said  city.  No  such  officer  or  employee  shall  accept  or  receive,  directly  or 
indirectly,  from  any  person,  firm  or  corporation  operating  within  the  ter- 
ritorial limits  of  said  city,  any  interurban  railway,  street  railway,  gas 
works,  water  works,  electric  light  or  power  plant,  heating  plant,  tele- 
graph line  or  telephone  exchange,  or  other  business  using  or  operating 
under  a  public  franchise,  any  frank,  free  ticket  or  free  service,  or  accept 
or  receive,  directly  or  indirectly,  from  any  such  person,  firm  or  corpora- 
tion, any  other  service  upon  terms  more  favorable  than  is  granted  to  the 
public  generally.  Any  violation  of  the  provisions  of  this  section  shall  be 
a  misdemeanor,  and  every  such  contract  or  agreement  shall  be  void. 


36  ELECTION  LAWS  OF  WYOMING,  1920. 

Such  prohibition  ^f  free  transportation  shall  not  apply  to  policemen  or 
firemen  in  uniform;  nor  shall  any  free  service  to  city  officials  heretofore 
provided  by  any  franchise  or  ordinanc'e  be  affected  by  this  section. 

Any  officer  or  employee  of  such  city  who,  by  solicitation  or  other- 
wise, shall  exert  his  influence  directly  or  indirectly  to  influence  other 
officers  or  employees  of  such  city  to  adopt  his  political  views  or  to  favor 
any  particular  person  or  candidate  for  office,  or  who  shall  in  any  manner 
contribute  money,  labor,  or  other  valuable  thing  to  any  person  for  elec- 
tion purposes,  or  shall  violate  any  other  provision  of  this  section,  shall  be 
guilty  of  a  misdemeanor,  and  upon  conviction  shall  be  punished  by  a  fine 
not  exceeding  one  hundred  dollars  ($100.00)  or  by  imprisonment  in  the 
city  jail  not  exceeding  thirty  (30)  days,  or  both. 

All  officers  and  employees  in  any  such  city  shall  be  elected  or  ap- 
pointed with  reference  to  their  qualifications  and  fitness,  and  for  the 
good  of  the  public  service,  and  without  reference  to  their  political  faith 
or  party  affiliations. 

It  shall  be  unlawful  for  any  candidate  for  office,  or  any  officer  in  any 
such  city,  directly  or  indirectly,  to  give  or  promise  any  person  or  per- 
sons any  office,  position,  employments,  benefit,  or  anything  of  value,  for 
the  purpose  of  influencing  or  obtaining  the  political  support,  aid  or  vote 
of  any  person  or  persons. 

Every  elective  officer  in  any  such  city  shall,  within  thirty  days  after 
qualifying,  file  with  the  city  clerk  his  sworn  statement  of  all  his  election 
and  campaign  expenses,  and  by  whom  such  funds  were  contributed. 

Sec.  17.  Construction.  In  the  construction  of  this  act  and  of  other 
stautes  governing  such  cities  the  following  rules  shall  be  observed,  un- 
less such  construction  would  be  inconsistent  with  the  manifest  intent,  or 
repugnant  to  the  context  of  the  statute: 

1.  The  words  '' councilman"  or  '^ alderman"  shall  be  construed  to 
mean  ''commissioner"  when  applied  to  cities  under  this  act. 

2.  When  an  office  or  officer  is  named  in  any  law  referred  to  in  this 
act,  it  shall,  when  applied  to  cities  under  this  act,  be  construed  to  mean 
the  office  or  officer  having  the  same  functions  or  duties  under  the  pro- 
visions of  this  act,  or  under  ordinances  passed  under  authority  thereof, 

3.  The  word  ''franchise"  shall  include  every  special  privilege  in 
the  streets,  highways  and  public  places  of  the  ci>ty,  whether  granted  by 
the  state  or  the  city,  which  does  not  belong  to  the  citizens  generally  by 
common  right. 

4.  The  word  "electors"  shall  be  construed  to  mean  persons  qualified 
to  vote  for  elective  offices  at  regular  municipal  elections. 

Sec.  18.  Recall,  The  holder  of  any  elective  office  may  be  removed  at 
any  time  by  the  electors  qualified  to  vote  for  a  successor  of  such  incum- 
bent. The  procedure  to  effect  the  removal  of  an  incumbent  of  an  elective 
office  shall  be  as  follows:  A  petition  signed  by  electors  who  are  registered 
in  the  registration  lists  and  who  are  entitled  to  vote  for  a  successor  to  the 
incumbent  sought  to  be  removed,  equal  in  number  to  at  least  twenty-five 
per  centum  of  the  entire  number  of  registered  electors,  demanding  an 
election  of  a  successor  of  the  person  sought  to  be  removed  shall  be  filed 
with  the  city  clerk,  which  petition  shall  contain  a  general  statement  of 
the  grounds  for  which  the  removal  is  sought.  The  signatures  to  the 
petition  need  not  all  be  appended  to  one  paper,  but  each  signer  shall  add 
to  his  signature  his  place  of  residence,  giving  the  street  and  number.    One 


ELECTION  LAWS  OF  "WYOMING,  1920.  3t 

of  the  signers  of  each  such  paper  shall  make  oath  before  an  officer  com- 
petent to  administer  oaths  that  the  statements  therein  made  are  true  as 
he  believes,  and  that  each  signature  to  the  paper  appended  is  the  genuine 
signature  of  the  person  whose  name  it  purports  to  be.  Within  ten  day.* 
from  the  date  of  filing  such  petition  the  city  clerk  shall  examine  and 
from  the  registration  lists  ascertain  whether  or  not  said  petition  is 
signed  by  the  requisite  number  of  qualified  electors,  and,  if  necessary,  the 
council  shall  allow  him  extra  help  for  that  purpose;  and  he  shall  attach 
to  said  petition  his  certificate,  showing  the  result  of  said  examination.  If 
by  the  clerk 's  certificate  the  petition  is  show^n  to  be  insufficient,  it  may  be 
amended  within  ten  days  from  the  date  of  said  certificate.  The  clerk  shall 
within  ten  days  after  such  amendment,  make  like  examination  of  thf* 
amended  petition,  and  if  his  certificate  shall  show  the  same  to  be  insuf- 
ficient, it  shall  be  returned  to  the  person  filing  the  same ;  without  preju- 
dice, however,  to  the  filing  of  a  new  petition  to  the  same  effect.  If  the 
petition  shall  be  deemed  to  be  sufficient,  the  clerk  shall  submit  the  same 
to  the  council  without  delay.  If  the  petition  shall  be  found  to  be  sufficient, 
the  council  shall  order  and  fix  a  date  for  holding  the  said  election,  not 
less  than  thirty  days  or  more  than  forty  days  from  the  date  of  the  clerk's 
certificate  to  the  council  that  a  sufficient  petition  is  filed. 

The  council  shall  make,  or  cause  to  be  made,  publication  of  notice 
and  all  arrangements  for  holding  such  election,  and  the  same  shall  be  con- 
ducted, returned  and  the  result  thereof  declared,  in  all  respects  as  are 
other  city  elections.  The  successor  of  any  officer  so  removed  shall  hold 
office  during  the  unexpired  term  of  his  predecessor.  Any  person  sought 
to  be  removed  may  be  a  candidate  to  succeed  himself,  and  unless  he  re- 
quests otherwise  in  writing  at  least  ten  days  prior  to  the  date  of  the  spe- 
cial primary  election  herein  provided,  the  clerk  shall  place  his  name  on 
the  official  ballot  without  nomination.  On  the  second  Tuesday  preceding 
the  date  fixed  for  such  special  election  a  special  primary  election  for  the 
selection  of  candidates  shall  be  held,  the  said  special  primary  election 
and  nomination  therefor  to  be  governed  by  the  provisions  of  this  act; 
Provided,  That  if  the  person  sought  to  be  removed  is  a  candidate  but  one 
opposing  candidate  shall  be  selected  at  such  special  primary  election  and 
the  ballots  shall  be  changed  accordingly,  and  in  such  case  the  special  pri- 
mary election  shall  be  held  if  there  shall  be  more  than  one  person  nom- 
inated ;  and.  Provided,  further.  That  if  there  are  no  candidates  nominatea 
against  the  officer  sought  to  be  removed  no  such  special  election  shall  be 
held  but  such  officer  shall  continue  in  office.  In  any  such  removal  election, 
the  candidate  receiving  the  highest  number  of  votes  shall  be  declared 
elected.  At  such  election  if  some  other  person  than  the  incumbent  receives 
the  highest  number  of  votes  the  incumbent  shall  thereupon  be  deemed  re- 
moved from  the  office  upon  qualifi^cation  of  his  successor.  In  case  the 
party  who  receives  the  highest  number  of  votes  should  fail  to  qualify, 
within  ten  days  .♦/'er  receiving  notification  of  election  the  office  shall  be 
deemed  vacant.  1]  the  incumbent  receives  the  highest  number  of  votes 
he  shall  continiK'  in  office.  The  said  method  of  removal  shall  be  cumula- 
tive and  additional  to  the  methods  heretofore  provided  by  law. 

Sec.  19.'  Initiative.  Any  proposed  ordinance  may  be  submitted  to 
the  council  by  petition  signed  by  electors  of  the  city  equal  in  number  to 
the  percentage  hereinafter  required.  Tlje  signatures,  verifications,  au- 
thentications, inspection,  certification,  amendment  and  submission  of  such 
petition  shall  be  the  same  as  provided  for  petitions  under  Section  18 
hereof.     If  the  petition  accompanying  the  proposed  ordinance  be  signed 


38  ELECTION  LAWS  OF  WYOMING,  1920. 

by  electors  equal  in  number  to  thirty  per  centum  of  the  number  of  reg- 
istered electors,  and  contains  a  request  that  the  said  ordinance  be  sub- 
mitted to  a  vote  of  the  people  if  not  passed  by  the  council,  such  council 
shall  either 

1.  Pass  said  ordinance  without  alterations  within  twenty  days  after 
attachment  of  the  clerk's  certificate  to  the  accompanying  petition,  or 

2.  Forthwith  after  the  clerk  shall  attach  to  the  petition  accompany- 
ing such  ordinance  his  certificate  of  sufficiency,  the  council  shall  call  a 
special  election  to  be  held  not  more  than  sixty  days  and  not  less  than 
twenty  days  thereafter,  unless  a  general  municipal  election  is  fixed  within 
ninety  days  thereafter,  and  at  such  special  or  general  municipal  election, 
if  one  is  so  fixed,  such  ordinance  shall  be  submitted  without  alteration  to 
the  vote  of  the  electors  of  said  city. 

The  ballots  used  when  voting  upon  said  ordinance  shall  contain  these 
words,  ''For  the  Ordinance"  (stating  the  nature  of  the  proposed  ordin- 
ance), and  ''Against  the  Ordinance"  (stating  the  nature  of  the  proposed 
ordinance).  If  a  majority  of  the  qualified  electors  voting  on  the  proposed 
ordinance  shall  vote  in  favor  thereof,  such  ordinance  shall  thereupon  be- 
come a  valid  ^nd  binding  ordinance  of  the  city ;  and  any  ordinance  pro- 
posed by  petition,  or  which  shall  be  adopted  by  a  vote  of  the  people,  can- 
not be  repealed  or  amended  except  by  a  vote  of  the  people.  Any  number 
of  such  proposed  ordinances  may  be  voted  upon  at  the  same  election,  in 
accordance  with  the  provisions  of  this  section;  bat  there  shall  not  be 
more  than  one  special  election  in  any  period  of  six  months  for  any  of  the 
purposes  provided  for  in  this  act.  The  council  may  submit  a  proposition 
for  the  repeal  of  any  such  ordinance  or  for  amendments  thereto,  to  be 
voted  upon  at  any  succeeding  general  city  election  or  at  any  special  elec- 
tion called  for  any  other  purpose;  and  should  such  proposition  so  sub- 
mitted receive  a  majority  of  the  votes  cast  thereon  at  such  election,  such 
ordinance  shall  thereby  be  repealed  or  amended  accordingly.  Whenever 
any  ordinance  or  proposition  is  required  by  this  act  to  be  submitted  to  the 
voters  of  the  city  at  any  election,  the  city  clerk  shall  cause  such  ordinance 
or  proposition  to  be  published  once  in  each  of  the  daily  newspapers  pub- 
lished in  said  city,  and  if  there  be  no  daily,  then  in  all  the  other  papers 
published  once  or  more  each  week  in  said  city;  and,  if  there  be  no  such 
newspapers,  then  the  clerk  shall  post  the  same  in  his  ofiice  for  the  period 
required,  such  publication  or  posting  to  be  not  more  than  twenty  nor  less 
than  five  days  before  the  submission  of  such  proposition  or  ordinance  to 
be  voted  on.     [Chapter  113,  Session  Laws,  1913.] 

Sec.  20.  Referendum.  No  ordinance  passed  by  the  council,  except 
an  ordinance  for  the  immediate  preservation  of  the  public  peace,  health 
or  safety,  which  contains  a  statement  of  its  urgency  and  is  passed  by  a 
two-thirds  vote  of  the  council  shall  go  into  effect  before  ten  days  from  the 
time  of  its  final  passage ;  and  if  during  said  ten  days  a  petition  signed  by 
electors  of  the  city  equal  in  number  to  at  least  thirty-five  per  centum  of 
the  entire  number  of  registered  electors,  protesting  against  the  passage 
of  such  ordinance,  be  presented  to  the  council,  the  same  shall  thereupon  be 
suspended  from  going  into  operation,  and  it  shall  be  the  duty  of  the  coun- 
cil to  reconsider  such  ordinance ;  and  if  the  same  is  not  entirely  repealed, 
the  council  shall  submit  the  ordinance,  as  is  provided  by  sub-section  2  of 
Section  19  of  this  act,  to  the  vote  of  the  electors  of  the  city,  either  at  the 
general  election  or  at  a  special  municipal  election  to  be  called  for  that 
purpose ;  and  such  ordinance  shall  not  go  into  effect  or  beconle  operative 
unless  a  majority  of  the  qualified  electors  voting  on  the  same  shall  vote  in 


ELECTION  LAWS  OF  WYOMlNO,  1920.  39 

favor  thereof.  Said  petition  shall  be  in  all  respects  in  accordance  with  the 
provisions  of  said  Section  19,  except  as  to  the  percentage  of  signers,  and 
be  examined  and  certified  by  the  clerk  in  all  respects  as  therein  provided. 
No  franchise  or  right  to  occupy  or  use  the  streets,  highways,  bridges,  or 
public  places  in  any  city  organized  or  acting  under  this  act,  or  for  inter 
urban  or  street  railways,  gas  or  water  works,  electric  light  or  power  plant, 
heating  plants,  telegraph  or  telephone  systems,  or  other  public  service 
utilities  within  said  city,  shall  .be  granted,  renewed,  amended  or  extended 
except  by  ordinance  and  by  following  the  procedure  as  follows :  Every 
such  ordinance  shall  be  complete  in  the  form  in  which  it  is  finally  passed, 
and  remain  on  file  with  the  city  clerk  for  public  inspection  for  at  least  ten 
days  before  the  final  passage  thereof;  such  ordinance  shall  also  be  pub- 
lished at  least  once  in  all  the  papers  of  the  city  or  town  at  least  one  week 
before  the  final  passage  thereof;  Provided,  That  if  there  are  no  news- 
papers published  in  such  city  or  town  then  the  filing  with  the  city  clerk  as 
above  provided  shall  be  sufficient.  If  at  any  time  during  the  ten  days 
hereinabove  mentioned  a  protest  against  the  passage  of  such  ordinance 
signed  by  ten  per  centum  of  the  qualified  voters  of  the  city  or  town  as 
shown  by  the  last  general  municipal  election  shall  be  filed  with  the  city 
clerk,  then  the  council  shall  not  pass  such  ordinance.  The.  council  may, 
in  its  discretion,  however,  submit  said  ordinance  to  the  qualified  electors 
of  such  city  or  town  at  the  next  general  or  special  municipal  election  in 
the  same  manner  as  is  provided  in  sub-division  2  of  Section  19  of  this  act. 
Provided,  That  the  provisions  of  this  section  shall  not  apply  to  ordi- 
nances initiated  and  adopted  by  a  vote  of  the  people  under  SJection  19 
hereof. 

Sec.  21.     Only  legal  voters  may  petition.    Petitions  provided  for  in 

this  act  shall  be  signed  by  none  but  legal  voters  of  the  city.  Each  petition 
shall  contain,  in  addition  to  the  names  of  the  petitioners,  the  street  and 
house  number  in  which  the  petitioner  resides,  his  age  and  length  of  resi- 
dence in  the  city.  It  shall  also  be  accompanied  by  the  affidavit  of  one  or 
more  legal  voters  of  the  city  stating  that  the  signers  thereof,  were  at  the 
time  of  signing,  legal  voters  of  said  city,  and  the  number  of  signers  at  the 
time  the  affidavit  was  made.     [Chapter  84,  Session  Laws,  1911.] 

ABANDONMENT  OF  COMMISSION  FORM  OF  GOVERNMENT. 
[Chapter  5,  Session  Laws,  1915.] 

Section  1.  May  abandon  after  three  years.  That  at  any  time  after 
the  expiration  of  three  years  from  the  adoption  by  any  city  of  the  pro- 
visions of  Chapter  84,  Session  Laws  of  Wyoming,  1911,  known  as  ''The 
Commission  Form  of  Government"  such  city  can  abandon  such  form  of 
government  as  hereinafter  provided. 

Sec.  2.  Petition.  Within  five  days  after  the  filing  with  the  city  clerk 
of  a  petition  of  electors  equal  in  number  to  fifteen  per  centum  of  the  num 
ber  of  registered  electors  of  such  city,  the  mayor  shall,  by  proclamation  to 
be  pubKshed  at  least  three  times  in  any  newspaper  of  general  circulation 
within  such  city,  submit  the  question  of  abandoning  the  commission  form 
of  government  to  a  special  election  to  be  held  at  a  time  specified  therein, 
not  less  than  thirty  days  nor  more  than  sixty  days  after  said  petition  is 
filed. 

Sec.  3.  Question  submitted — Election.  At  such  election  the  propo- 
sition to  be  submitted  shall  be  ' '  Shall  the  commission  form  of  government 
for  the  city  of  (name  of  city)  be  abandoned?"  and  the  election  thereupon 


40  ELECTION  LAWS  OF  WYOMING,  1920. 

shall  be  conducted,  the  vote  canvassed,  and  the  result  declared  in  the 
same  manner  as  provided  by  law  in  respect  to  other  city  elections.  If  the 
majority  of  the  votes  cast  shall  be  in  favor  thereof,  such  city  shall  at  the 
next  general  election  proceed  to  elect  officers  in  the  same  manner  as  if  the 
commission  form  of  government  had  never  been  adopted  and  such  city 
shall,  upon  the  qualifying  of  such  officers  so  elected  revert  to  the  form  of 
government  under  which  it  was  governed  prior  to  the  adoption  of  the 
commission  plan  of  government. 

• 
Sec.  4.  Time  of  filing  petitions.  Petitions  for  special  elections  as 
provided  for  in  this  act  must  be  filed  in  the  office  of  the  city  clerk  at 
least  one  hundred  and  twenty  days  prior  to  the  gfeneral  city  election  next 
succeeding  such  filing  of  such  petition  and  no  election  hereunder  shall  be 
held  within  the  sixty  days  preceding  such  general  election. 

Sec.  5.  Result  recorded.  Immediately  after  such  special  election  the 
mayor  shall  transmit  to  the  secretary  of  state  and  to  the  county  clerk  each 
a  certificate  stating  the  result  of  such  election,  which  such  certificate  shall 
be  recorded  by  said  officers  in  their  offices. 

BONDS. 

§  1870.  Proposition  to  issue  wat^  bonds.  No  bonds  shall  be  issued 
for  the  purpose  provided  by  this  chapter  until  the  proposition  to  issue  the 
same  shall  have  been  submitted  to  a  vote  of  the  qualified  electors  of  such 
city  or  town,  and  by  them  approved ;  such  proposition  to  be  so  submitted 
at  any  annual  election  or  at  a  special  election  to  be  called  for  that  pur- 
pose; such  election  to  be  conducted  in  the  same  manner  as  other  city  or 
town  elections;  the  proposition  so  submitted  to  a  vote  of  the  qualified 
electors  shall  specify  the  amount  of  bonds  proposed  to  be  issued,  the  rate 
of  interest  and  the  purpose  for  which  it  is  proposed  to  issue  the  bonds.  At 
any  such  election  the  official  ballot  shall  contain  the  words:  ''For  water 
bonds,"  and  "Against  water  bonds,"  as  the  case  may  be.  If  a  majority 
of  the  votes  cast  upon  the  proposition  shall  be  for  the  bonds,  then  such 
proposition  shall  be  deemed  to  have  been  approved  by  the  people.  At 
such  election  the  elector  shall  prepare  his  ballot  by  crossing  therefrom 
such  parts  so  that  the  remaining  parts  shall  express  his  vote  upon  the 
proposed  question  submitted.     [L.  1895,  ch.  8,  §  1 ;  R.  S.  1899,  §  1708.] 

City  of  Cheyenne  v.  State,   17  Wyo.  97,   96  Pac.  244. 

For  the  provisions  governing  the  issuance  of  other  classes  of  bon-ds 
see  the  following:  Viaduct  Bonds,  Sec.  1881.  Sewerage  and  Irrigation 
Bonds,  Sec.  1888.  Electric  Plant  Bonds,  Sec.  1902.  Park  Bonds,  Sec. 
1913.  School  District  Bonds,  Sees.  2028,  2029.  Fire  Department  Building 
Bonds,  Chap.  29,  Session  Laws,  1915.  Cemetery  Bonds,  Chap.  90,  Session 
Laws,  1917. 

SCHOOL  ELECTIONS. 

For  the  provisons  governing  elections  in  school  districts,  see»Chapter 
135,  Wyoming  Compiled  Statutes,  1910;  also  School  Laws  of  Wyoming, 
issued  by  the  Commissioner  of  Education. 

For  elections  in  High  School  Districts,  see  Chapter  142,  Wyoming 
Compiled  Statutes,  and  Chapter  158,  Session  Laws,  1915. 


ELECTION  LAWS  OF  WYOlVfiNG,  1920.  41 

CHAPTER  143. 

GENERAL  ELECTIONS. 

§  2084.  Time  of  general  elections — What  officers  elected.  There 
shall  be  held  in  the  several  voting  precincts  of  Wyoming,  on  the  Tuesday 
next  after  the  first  Monday  in  November,  in  the  year  eighteen  ninety-two, 
and  on  the  Tuesday  next  after  the  first  Monday  in  November  in  each  sec- 
ond year  thereafter,  a  general  election,  at  which  the  following  officers 
shall  be  elected :  A  representative  or  representatives  in  congress,  mem- 
bers of  the  senate  and  house  of  representatives  of  the  state  from  each 
county  as  provided  by  law,  and  to  which  such  county  may  be  entitled,  and 
all  state  and  district  executive  and  judicial  officers  which  are  made  elec 
tive  by  law,  whenever  there  is  a  vacancy  in  any  state  or  district  executive 
or  judicial  office,  or  whenever  subsequent  to  such  election  and  prior  to  the 
next  general  election,  any  state  or  district  executive  or  judicial  offices 
shall  become  vacant  by  reason  of  the  termination  of  the  terms  of  office  of 
the  incumbents  therein ;  Provided,  however.  That  whenever  a  vacancy  in 
any  state  or  district  office  as  aforesaid  shall  occur,  less  than  twenty-five 
davs  prior  to  such  election  then,  in  that  case,  at  such  election  no  person 
sh^ll  be  elected  to  fill  such  vacancy.  [L.  1890-91,  ch.  100,  §  1 ;  R.  S.  1899. 
§  195.] 

In  re.  Moore,  4  Wyo.  98,  31  Pac.  980;  State  v.  Schnitger,   17  Wyo.  8a,  96  Pac.  238. 

§  2085.  Presidential  electors.  At  the  general  election  held  in  the 
year  nineteen  hundred  and  at  the  general  election  held  every  fourth  year 
thereafter,  there  shall  be  elected  the  number  of  electors  of  and  for  the 
president  and  vice-president  of  the  Uunited  States  of  America,  to  which 
this  state  may  be  entitled.     [L.  1897,  ch.  53,  §  1;  R.  S.  1899,  §  196.] 

§  2086.    Representatives  in  congress  and  members  state  legislature. 

•At  each  of  said  elections,  there  shall  also  be  elected  as  many  representa- 
tives in  congress,  as  may  be  apportioned  by  congress  to  this  state,  and  in 
each  county,  such  state  senator  or  state  senators,  as  the  said  county  may 
be  entitled  to  by  law,  and  as  should  be  elected  at  such  election,  and  also 
such  representative  or  representatives  in  the  legislature  of  this  state,  as 
such  county  as  a  representative  district  shall  be  entitled  to  by  law.  [L. 
1890-91,  ch.  68,  §  3 ;  R.  S.  1899,  §  197.] 

state  V.  Brooks,  14  Wyo.  418,  84  Pac.  488,   6  L.  R.  A.    (N.  S.)    750. 

§  2087.  Vacancy  in  state  office.  At  each  of  said  general  elections 
there  shall  also  be  elected  such  state  officers  as  may  be  required  to  be 
elected  to  fill  any  vacancy  occuring  by  operation  of  law,  or  the  constitu- 
tion of  this  state,  including  any  vacancy  or  vacancies  in  the  office  of  jus- 
tice of  the  supreme  court.     [L.  1890-91,  ch.  68,  §  4;  R.  S.  1899,  §  199.] 

In  re.  Moore,  4  Wyo.  108,  31  Pac.  980;  State  v.  Brooks,  14  Wyo.  418,  84  Pac.  488 
6  L.  R.  A.    (N.  S.)   750. 

Section  1.  United  States  senator.  Whenever  by  amendment  to  the 
constitution  of  the  United  States  senators  in  congress  are  required  to  be 
elected  by  the  people  of  the  several  states,  and  a  senator  in  congress  is 
to  be  elected  by  the  people  of  this  state,  such  election  shall  occur  at  the 
general  election  to  be  held  next  preceding  the  commencment  of  the  term 
of  the  senator  to  be  elected,  and  such  election  shall  be  conducted  in  all 
respects  in  the  same  manner  as  provided  by  law  for  the  election  of  a  rep- 
resentative in  congress,  including  the  proclamation  for  the  election,  the 
nomination  of  candidates,  the  certification  of  candidates,  the  preparation 
and  marking  of  ballots,  canvass  of  the  vote  and  certifying  to  the  elec- 


42  ELECTION  LAWS  OF  WYOMING,  1920. 

tion,  and  all  the  provisions  of  law  now  or  hereafter  in  force  governing 
the  nomination  of  candidates  for  and  the  election  of  a  representative 
in  congress  are  hereby  made  applicable  to  and  shall  govern  and  control 
the  nomination  of  candidates  for  and  the  election  of  senators  in  congress. 
Provided,  That  in  case  of  such  amendment  to  the  constitution  of-  the 
United  States,  any  vacancy  occurring  in  the  office  of  a  senator  in  congress 
from  this  state  shall  be  filled  at  the  next  general  election  following  the 
occurrence  of  such  vacancy,  and  that  in  the  meantime  such  vacancy  shall 
be  filled  temporarily  by  appointment  by  the  governor  of  the  state,  and 
the  person  so  appointed  shall  hold  said  office  until  the  vacancy  shall  be 
filled  by  election  at  the  time  and  in  the  manner  herein  provided.  [Chap- 
ter 91,  Session  Laws,  1913.] 

§  2088.  State  officers.  At  the  general  election  held  in  the  year  one 
thousand  eight  hundred  and  ninety-four,  and  at  the  general  election  held 
every  fourth  year  thereafter,  there  shall  be  elected  a  governor,  a  secretary 
of  state,  an  auditor,  treasurer,  a  superintendent  of  public  instruction,  and 
such  other  state  officers  as  are,  or  may  be,  created  by  law  and  made  elec- 
tive, whose  election  shall  occur,  or  ought  to  occur,  at  such  general  elec- 
tion.    [L.  1890-91,  ch.  68,  §  6;  R.  S.  1899,  §  198.] 

In  re.  Moore,  4  Wyo.  108,  31  Pac.  980;  State  v.  Brooks,  14  Wyo.  418,  84  Pac.  *488. 
6  L.  R.  A.   (N.  S.)   750. 

§  2089.  Justices  of  supreme  court.  Justices  of  the  supreme  court 
shall  also  be  elected  at  such  general  election  as  shall  occur  next  preceding 
the  expiration  of  their  respective  terms,  whether  the  same  shall  be  for 
full  terms,  or  to  fill  a  vacancy  or  vacancies  in  an  unexpired  term.  [L. 
1890-91,  ch.  68,  §  7;  R.  S.  1899,  §  200.] 

state  V.  Brooks,  14  Wyo.  418,  84  Pac.  488,   6  L.  R.  A.   (N.  S.)   750. 

§2090.  District  judges.  At  the  general  election  held  in  the  year 
A.  D.  eighteen  hundred  and  ninety-six,  and  at  the  general  election  helcl 
every  sixth  year  thereafter,  there  shall  be  elected  in  each  judicial  district 
in  this  state  one  judge  of  the  district  court  for  such  judicial  district, 
and  in  case  of  a  vacancy  occurring  in  the  said  office  of  a  judge  of  the 
district  court,  in  any  judicial  district  of  this  state,  either  as  now  or  as 
hereafter  constituted,  for  any  cause  whatever,  such  vacancy  shall  be 
filled  at  the  general  election,  when  such  vacancy  shall  be  required  to  be 
filled  by  law  or  the  constitution  of  this  state.  [L.  1890-91,  ch.  68  §  8  • 
R.  S.  1899,  §  201.] 

state  V.  Brooks,  14  Wyo.  418,  84  Pac.  488,  6  L.  R.  A.  (N,  S.)  750;  State  v.  Schniteer 
17  Wyo.  80,   96  Pac.  238.  ' 

§  2091.  County  officers  to  be  elected.  The  following  county  and 
precinct  officers  shall  hold  their  office  by  election;  and  there  shall  be 
held  in  the  several  voting  precincts  of  this  state,  on  the  Tuesday  next 
following  the  first  Monday  in  November,  in  the  year  of  our  Lord,  one 
thousand,  eight  hundred  and  ninety-two,  and  on  the  Tuesday  next  fol- 
lowing the  first  Monday  in  November,  in  each  second  year  thereafter,  a 
general  election  at  which  the  following  county  and  precinct  officers  shall 
be  elected. 

The  clerk. 

The  commissioners.  • 

The  surveyors. 

The  sheriff. 

The  county  treasurer. 

The  county  and  prosecuting  attorney. 

The  superintendent  of  schools. 


ELECTION  LAWS  OF  WYOMING,  1920.  43 

The  assessor. 

The  coroner. 

The  justices  of  the  peace. 

The  constables. 

The  clerk  of  the  district  court  for  each  county,  whenever  his  term  of 
office  shall  expire  before  the  next  general  election,  or  whenever  a  vacancy 
therein  is  to  be  filled,  and  such  other  county  and  precinct  officers  which 
may  be  created  and  made  elective  by  law.  In  counties  having  ^  assessed 
valuation  not  exceeding  five  million  dollars,  the  county  clerk  shall  be  ex 
officio  clerk  of  the  district  court,  and  shall  perform  all  the  duties  pertaiii- 
ing  to  the  office  of  clerk  of  the  district  court,  but  shall  receive  no  addi- 
tional or  separate  compensation  therefor.  [L.  1890-91,  ch.  68,  §  1 ;  L. 
1890-91,  ch.  100,  §  3;  L.  1895,  ch.  73,  §  1 ;  L.  1899,  ch.  65,  §  5;  R.  S.  1899, 
§  202.] 

Reals  V.  Smith,  8  Wyo.  165,  176,  56  Pac.  690;  State  v.  Brooks,  14  Wyo.  418,  84  Pac.  488, 
6  L.  R.  A.  (N.  S.)  750;  State  v.  Schnitger,  17  Wyo.  80,  96  Pac.  238;  Ballantyne  v.  Bower, 
17  Wyo.   361,   99  Pac.  869. 

§  2092.  Who  may  vote.  Except  as  hereinafter  provided,  every  per- 
son shall  be  qualified  and  entitled  to  vote,  who  is  a  citizen  of  the  United 
States,  and  over  the  age  of  twenty-one  years,  and  who  has  been  a  bona 
fide  resident  of  Wyoming  for  one  year,  and  of  the  county  wherein  his 
residence  is  located,  sixty  days  next  preceding  the  election  at  which  he 
votes  and  of  the  elect^n  district  wherein  he  seeks  to  vote,  for  a  period  of 
ten  days  next  preceding  such  election,  and  who  shall  be  able  to  read  the 
constitution  of  this  state,  and  who  has  complied  with  the  provisions  of 
law  concerning  registration;  Provided,  however.  That  any  person  pre- 
vented by  physical  disability  from  being  able  to  read  the  constitution  of 
this  state,  shall  not  for  that  reason,  while  laboring  under  such  disability, 
be  deprived  of  his  right  to  vote.  Provided,  further.  That  where  any 
qualified  elector  who  has  registered  in  any  precinct  in  any  city  or  town 
moves  into  any  other  precinct  in  such  city  or  town,  before  the  date  of 
election,  such  voter-shall  be  entitled  to  vote  in  the  precinct  where  regis- 
tered. Provided,  further,  That  any  person  who  is  a  citizen  of  the 
United  States  and  who  was  a  qualified  elector  in  Wyoming  on  the  tenth 
day  of  July  in  the  year  eighteen  hundred  and  ninety,  and  who  has  since 
then  continued  to  be  a  resident  of  this  state,  and  has  complied  with  the 
provisions  of  law  concerning  registration,  shall  continue  to  be  an  elector 
of  this  state ;  and  Provided,  moreover,  That  any  person  who  is  serving  in 
the  army  of  the  United  States,  or  an  officer  or  soldier,  and  who  is  residing 
on  any  military  reservation  in  this  state  shall  not  be  entitled  to  vote  at 
any  election  held  in  this  state,  unless  such  person  has  acquired  the  rights 
of  citizenship  by  residence  therein  for  a  period  of  not  less  than  one  year 
while  not  serving  in  the  army  of  the  United  States  as  such  officer  or 
soldier.     [Chapter  60,  Session  Laws,  1911.] 

§  2093.     Elector  absent  from  his  precinct.    It  shall  be  lawful  for  any 

elector,  being  a  qualified  elector  of  the  state  of  Wyoming,  whose  duties 
are  such  as  to  cause  his  absence  from  -his  regular  place  of  residence  at 
regular  or  statecl  intervals,  who  may  on  the  occurrence  of  any  regular 
election  be  absent  from  his  county  because  of  such  regular  duties  or  reg- 
ular occupation  requiring  absence  from  voting  place,  to  vote  for  county, 
district  or  state  officers,  members  of  the  legislature,  members  of  congress 
and  electors  of  president  and  vice-president  of  the  United  States  in  am^ 
county  where  he  may  be  present  for  that  purpose  on  the  day  of  such  elec- 
tion under  the  regulations  hereinafter  prescribed.     But  nothing  in  this 


44  ELECTION  LAWS  OF  WYOMING,  1920. 

act  shall  be  construed  to  authorize  the  voting  by  elector  in  any  precinct 
other  than  his  own  within  the  county  of  his  residence.  [Sec.  1,  Chapter 
102,  Session  Laws,  1915.] 

§  2094.  Certificate  from  registration  officer.  Such  elector  must  ob- 
tain from  the  registration  officers  of  the  precinct  in  which  he  is  entitled  to 
vote  a  certificate  showing  that  such  elector  is  entitled  to  vote,  giving  the 
name  and  residence  of  such  elector,  also  the  number  of  the  registration  as 
appears  upon  the  registration  books  of  such  precinct,  and  if  any  elector  so 
applying  to  vote  whose  place  of  residence  is  in  a  precinct  where  prior 
registration  is  by  law  not  required,  then  such  elector  must  furnish  such 
judges  of  election  his  affidavit  taken  before  the  county  clerk  of  his  county, 
which  affidavit  shall  show  the  name  of  such  elector,  his  business  and  occu- 
pation, his  place  of  residence  and  that  such  residence  is  located  in  a  pre- 
cinct where  prior  registration  is  not  required  by  law. 

Before  the  registration  agent  or  county  clerk  shall  issue  a  certificate 
as  aforesaid,  every  elector  desiring  to  vote  elsewhere  in  the  state  than  at 
his  home  precinct  must  take  and  subscribe  to  the  following  oath  before 
the  county  clerk,  notary  public  or  other  officer  possessing  the  power  to 
administer  oaths,  and  same  must  bear  seal  of  said  officer : 

''I, ,  do  solemnly  swear  that  I  am 

an  actual  resident  of  polling  precinct  No ,Jn 

county,  Wyoming;  that  I  have  registered  as  a  voter  at  the  forthcoming 

general  election;  that  my  business  is  that  of 

and  that  by  reason  of  my  occupation  I  am  compelled  to  be  absent  from 
my  home  precinct  on  election  dav. 

''Signed 

"Sworn  to  and  subscribed  before  me  this day  of 

191—. 


''  (SEAL)  ^_ " 

After  the  voter  shall  have  presented  the  above  certificate  properly 
subscribed  to  the  county  clerk  or  registration  agent,  as  the  case  may  be, 
he  shall  be  furnished  with  a  certificate  as  hereinbefore  mentioned. 

If  any  person  shall  willfully  swear  falsely  to  the  affidavit  herein  pro- 
vided for,  he  shall  upon  conviction  thereof  be  deemed  guilty  of  perjury, 
and  be  punished  as  in  such  cases  provided  by  law.  If  the  officers  of  the 
election  permit  any  person  to  vote  as  herein  provided  without  his  tqjdng 
said  affidavit  or  shall  neglect  or  refuse  to  perform  any  of  the  duties  pre- 
scribed by  this  act,  they  shall  upon  conviction  thereof  be  deemed  guilty 
of  a  misdemeanor,  and  shall  be  fined  not  exceeding  one  hundred  dollars 
($100.00).  If  any  county  clerk  or  any  member  of  the  canvassing  board 
shall  neglect  or  refuse  to  perform  any  of  the  duties  prescribed  by  this 
act,  or  shall  reveal  or  divulge  any  of  the  details  of  any  ballot  herein 
provided,  he  shall  upon  conviction  thereof  be  adjudged  guilty  of  a  mis- 
demeanor, and  be  punished  by  a  fine  not  exceeding  one  hundred  dollars 
($100.00). 

§  2095.  Affidavit.  The  voter  so  entitled  to  vote  shall  present  him- 
self at  the  polls  where  he  may  be  on  such  election  day,  and  during  voting 
hours,  and  make  and  subscribe  before  one  of  the  judges  of  election,  an 
affidavit  in  substance  as  follows: 

''I,  — ^ ,  do  solemnly  swear  (or  affirm)  that  I  have 

actually,  and  not  constructively,  been  a  bona  fide  resident  of  the  state  of 


ELECTION  LAWS  OF  WYOMING,  1920.  45 

Wyoming  one  year,  and  of  the  county  of sixty 

days  next  preceding  this  date ;  that  I  am  an  actual  resident  of  polling 

precinct  No ,  in  election  district  No ,  in  said  county 

(or  in  the  city  of ),  and  am  in  all  respects  a  duly  quali- 
fied elector  of  said  county  and  precinct;  that  I  am  a , 

and  that  because  of  my  duties  (or  occupation  or  business)  as  such' 
,  I  am  required  to  be  absent  from  my  county  (or  pre- 
cinct) on  this  day,  and  have  not  had  and  will  have  no  opportunity  to 
vote  tfiere;  and  that  I  have  not  voted  elsewhere  at  this  election." 

Any  jildge  of  election  in  any  precinct  in  this  state  is  hereby  author- 
ized to  administer  the  oath  and  take  and  certify  such  affidavit.  There- 
upon the  affiant  shall  be  given  a  blank  official  ballot,  as  in  the  case  of  a 
resident  voter,  and  shall  mark  the  same  as  any  resident  voter  may,  and 
shall  fold  the  same  and  hand  it  to  the  judges,  as  in  the  case  of  a  resident 
voter,  but  such  ballot  shall  not  be  deposited  in  the  ballot  box  nor  entered 
on  the  poll-books.  It  shall  be  securely  sealed  within  an  envelope  and 
this  envelope,  together  with  said  affidavit,  be  securely  sealed  in  an  en- 
velope, upon  the  back  of  which  one  of  the  judges  shall  write:  ^'The  bal- 
lot of : ,  an  absent  voter  of  polling  precinct 

No ,  in  election  district  No ,  in  the  county  of 

(or  city  of )"  which  shall  be 

signed  by  one  of  the  judges,  a  copy  of  which  affidavit  the  said  judges 
shall  retain  with  the  other  affidavits  and  papers  in  connection  with  their 
duties  as  such.  ^  [Sec.  3,  Chapter  102,  Session  Laws,  1915.] 

§  2096.  Affidavits  mailed  to  home  county  clerks.  All  such  envelopes 
shall  by  the  judges  of  election,  be  mailed  to  the  county  clerks  of  the 
county  where  such  elector  claims  residence  not  later  than  the  next  suc- 
ceeding day.     [L.  1905,  ch.  88,  §  4.] 

§  2097.  Canvass.  The  said  county  clerk  of  the  county  in  which 
said  absent  voter  resides  shall  receive  said  ballot,  and  shall  safely  keep 
and  preserve  the  same  unopened  in  his  office  until  the  county  canvassing 
board  meet  to  canvass  the  vote  according  to  law,  at  which  time,  at  two 
o'clock  in  the  afternoon  of  the  first  day  of  the  meeting  of  said  canvassing 
board,  any  two  electors  residents  of  the  precinct  in  which  such  elector 
claims  residence,  may  appear  before  said  canvassing  board  and  challenge 
such  voter's  right  to  vote  at  such  election.  Thereupon  such  elector  shalj 
establish  his  right  to  so  vote  to  the  satisfaction  of  said  canvassing  board 
in  accordance  with  the  election  laws  of  Wyoming.  Upon  the  day  set  for 
the  canvass,  the  canvassing  board  together  with  the  county  clerk  shall 
open  the  said  envelopes  and  remove  therefrom  the  sealed  envelope  con- 
taining the  ballot  and  deposit  same  in  ballot  box,  and  the  official  canvass 
shall  be  made  upon  votes  contained  in  said  ballot  box.  Any  candidate  or 
his  authorized  representative  may  be  present  at  the  canvassing  of  the 
non-resident  votes  after  all  of  the  names  of  the  voters  have  been  entered 
upon  the  proper  poll-book,  but  no  such  candidate  nor  representative  shall 
be  permitted  to  see  the  notations  on  the  envelopes  in  which  the  ballots 
were  returned  from  other  counties.  Should  no  such  challengers  appear 
during  the  first  day  of  meeting  of  said  board,  they  shall  not  be  permitted 
to  so  appear  thereafter.  Should  the  contention  of  such  challengers  be  by 
said  board  sustained,  then  said  sealed  envelope  shall  be  returned  to  said 
elector,  and  the  said  county  canvassing  board,  in  the  presence  of  said 
county  clerk  and  no  other  person,  shall  open  all  envelopes  not  so  chal- 
lenged and  record  the  votes  of  absent  voters  upon  a  separate  sheet  in  the 


46  ELECTION  LAWS  OF  WYOMING,  1920. 

same  manner  as  clerks  of  election  record  votes,  and  in  so  canvassing  said 
vote  the  said  canvassing  board  shall  count  the  votes  of  all  absent  voters 
taken  as  herein  provided,  and  add  the  same  to  the  total  of  the  poll-sheet. 
The  absent  voter's  ballot  shall  not  be  added  to  the  vote  in  the  precinct  to 
which  it  belongs  but  all  such  votes  shall  be  counted  together  and  added 
to  the  total  of  the  votes  for  the  candidates  as  shown  therein.  [Sec.  4, 
Chapter  102,  Session  Laws,  1915.] 

§  2098.  Disposition  of  ballot  after  canvass.  Said  ballot,  wlren  so 
opened  by  the  canvassing  board,  shall  be  sealed  in  an  envelop^  with  the 

endorsement  thereon :  "Vote  of  absent  voter  of  polling  precinct  No __, 

in  election  district  No ,  in  the  county  of (or 

in  the  city  of ),"  and  the  same  shall  be  kept  in  the 

county  clerk's  office  as  other  ballots  are  kept  until  destroyed  according 
to  law ;  and  in  case  of  a  contested  election  the  same  may  be  counted  and 
opened  as  in  other  cases.  The  said  board  of  canvassers  and  the  county 
clerk  of  each  county  wherein  any  vote  of  any  absent  voter  is  received,  as 
herein  provided,  shall  keep  the  fact  of  such  vote  and  the  persons  for 
whom  the  same  is  recorded  and  contents  thereof  secret  and  shall  not 
reveal  or  divulge  the  same.     [L.  1905,  ch.  88,  §  6.] 

§  2099.    Proclamation  of  election  by  county  commissioners.     The 

board  of  county  commissioners  of  the  several  counties  shall  issue  a  proc- 
lamation at  least  thirty  days,  if  possible,  prior  to  any  general  or  special 
election  to  be  holden  within  their  respective  counties,  except  as  other- 
wise provided  by  law,  setting  forth  the  names  of  all  the  offices  to  be 
filled  at  such  election,  and  the  number  of  persons  required  by  law  to  fill 
such  offices  or  vacancies  occurring  under  the  law  in  such  offices.  [L. 
1890,  ch.  80,  §  40;  R.  S.  1899,  §  204.] 

§  2100.    Posting   and   publishing   proclamation   of   election.     The 

county  commissioners  of  the  several  counties  shall  cause  such  proclama- 
tion to  be  posted  in  a  conspicuous  place  at  every  postoffice  within  their 
respective  counties  and  shall  also  cause  the  same  to  be  published  in  the 
official  paper  of  their  respective  counties — if  there  be  one — at  least  twenty 
days,  if  possible,  before  the  ensuing  election.  [L.  1890,  ch.  80,  §  41; 
R.  S.  1899,  §  205.] 

§  2101.  Secretary  of  state  shall  notify  the  boards  of  county  com- 
missioners of  state  officers  to  be  elected.  The  secretary  of  state  shall, 
between  the  first  and  fifteenth  day  of  September  in  each  year,  in  which 
a  general  election  is  to  be  held,  make  out  and  cause  to  be  delivered  to 
the  board  of  county  commissioners  of  each  county  a  notice,  in  writing, 
stating  what  officers,  other  than  county  and  precinct  officers,  are  to  be 
elected  at  such  general  election  and  voted  for  in  the  several  counties. 
[L.  1897,  ch.  53,  §  9;  R.  S.  1899,  §  206.] 

state  V.   Schnitger,   17  Wyo.   74,   96  Pac.  238. 

§  2102.  County  clerk  shall  furnish  election  supplies — Copy  of  elec- 
tion laws.  The  county  clerk  shall  provide  at  the  expense  of  the  county, 
proper  ballot  boxes,  poll-books  and  other  necessary  election  blanks, 
official  ballots  as  hereinafter  provided,  also  the  election  laws  of  Wyo- 
ming in  separate  pamphlet  form  for  each  voting  precinct  and  election 
district  in  the  county  and  cause  a  suitable  number  thereof  to  be  de- 
livered to  the  judges  of  election  of  each  voting  precinct  at  least  ten 
days,  if  possible,  before  any  election  is  to  be  held  within  his  county.  [L. 
1890,  ch.  80,  §  55;R.  S.  1899,  §  207.]    . 


ELECTION  LAWS  OF  WYOMING,  1920.  47 

CHAPTER  144. 

SPECIAL  ELECTIONS. 

§  2103.  Special  elections — How  conducted.  Special  elections  shall 
be  conducted  and  the  results  thereof  canvassed  and  certified  in  all  re- 
spects, as  near  as  practicable,  in  the  same  manner  as  in  general  elections, 
except  as  otherwise  specially  directed.     [L.  1890,  ch.  80,  §  4;  R.  S.  1899, 

§  208.] 

§  2104.  Special  elections — When  held.  Special  elections  shall  be 
held  in  the  following  cases  and  for  the  election  of  the  following  officers: 

First — When  there  has  been  no  choice  at  the  general  election,  of  any 
officer,  not  a  precinct  officer,  who  should  properly  have  been  chosen  at 
such  general  election,  except  as  otherwise  provided  by  law. 

Second — When  the  rights  of  a  person  elected  to  the  office  of  member 
of  the  senate  or  member  of  the  house  of  representatives,  shall  cease  by 
death,  or  otherwise,  before  the  commencement  of,  or  during  the  term  for 
which  he  shall  have  been  elected.     [L.  1890,  ch.  80,  §  3 ;  R.  S.  1899,  §  209.] 

state  V.  Henderson,  4  Wyo.  548,  35  Pac.  517,  22  L.  R.  A.  751. 

§  2105.  Member  of  congress — Special  election  for.  When  any  va- 
cancy shall  occur  in  the  office  of  representative  in  congress  more  than 
sixty  days  prior  to  any  general  election,  the  governor  may  issue  an  order 
of  election  to  the  board  of  county  commissioners  of  the  several  counties, 
appointing  a  day  to  hold  a  special  election  to  fill  such  vacancy.  [L,  1890, 
ch.  80,  §  48;  R.  S.  1899,  §  210.] 

§  2106.    Member  of  congress — Notice  of  vacancy  in  office  of.    If  any 

vacancy  shall  exist  in  the  office  of  representative  to  congress,  one  month, 
if  possible,  before  such  election,  the  secretary  of  state  shall  give  notice  in 
writing  to  the  board  of  county  commissioners  of  each  county,  specifying 
the  cause  of  such  vacancy,  the  name  of  the  officer  in  whose  office  it  oc- 
curred and  the  time  when  his  term  of  office  would  have  expired.  [L. 
1890,  ch.  80,  §  49 ;  R.  S.  1899,  §  211.] 

§  2107.    Members  of  le^lature — Special  election  to  fill  vacancy. 

Whenever  a  vacancy  shall  occur  in  the  office  of  any  member  of  the  senate 
or  house  of  representatives,  the  county  clerk  of  the  county  or  counties  in 
which  the  member  whose  office  is  vacant  resided,  shall  immediately  notify 
the  governor  of  such  vacancy,  whereupon  the  governor  shall  issue  an 
order  of  election  to  the  board  of  county  commissioners  of  the  county  or 
counties  in  which  the  vacancy  is  to  be  filled,  upon  which  an  election  shall 
be  held  to  fill  such  vacancy ;  but  unless  the  legislature  shall  be  in  session 
at  the  time  the  vacancy  occurs,  or  there  shall  be  a  session  between  the 
time  at  which  the  vacancy  occurs  and  the  next  general  election,  no  special 
election  shall  be  ordered  to  fill  such  vacancy.  [L.  1890,  ch.  80,  §  50;  R. 
S.  1899,  §  212.] 

§  2108.  Special  general  elections  on  questions  to  be  decided.  When- 
ever any  question  is  to  be  brought  before  and  decided  by  the  electors  of 
Wyoming,  the  governor  may  call  a  special  election,  which  shall  be  con- 
ducted the  same  as  a  special  election,  called  to.  fill  a  vacancy  in  the  office 
of  representative  in  congress.     [L.  1890,  ch.  80,  §  46;  R.  S.  1899,  §  213.] 

§  2109.  County  commissioners — Duties  of — Special  elections.  The 
board  of  county  commissioners  of  each  county  shall  make  all  adequate 


48  ELECTION  LAWS  OF  WYOMING,  1920. 

provisions  for  elections  ordered  by  the  governor,  and  shall  carry  out  all 
the  provisions  of  law  concerning  special  elections,  the  same  as  if  the 
elections  had  been  called  by  the  said  board.  [L.  1890-91,  ch.  100,  §  14, 
sub.  1;  R.  S.1899,  §  214.] 

In  re  Moore,  4  Wyo.  110,   31  Pac.   980. 

§  2110.  Special  county  elections  shall  be  ordered  by  county  com- 
missioners. All  special  elections  for  county  and  precinct  officers,  shall 
be  ordered  by  the  county  commissioners,  which  order  shall  be  counter- 
signed by  the  clerk  of  the  board  of  county  commissioners.  [L.  1890,  ch. 
80,  §  53;  R.  S.  1899,  §  215.] 

§  2111.  Contents  of  order  for  special  elections — Time  of  order. 
Every  order  issued  for  a  special  election  shall  specify  the  county  or 
district  in^  which  such  election  is  to  be  held,  the  reason  for  the  special 
election,  the  name  of  the  office  to  be  filled,  the  time  when  the  term  of 
office  will  commence,  and  the  day  on  which  such  election  is  to  be  held, 
which  shall,  if  possible,  not  be  less  than  twenty  days  from  the  date  of 
the  order  of  election.     [L.  1890,  ch.  80,  §  54;  R.  S.  1899,  §  216.] 

§  2112.  Vacancy  in  office^ — Who  determines  fact  of.  Whenever  it 
is  alleged  that  a  vacancy  in  any  office  exists,  the  officer,  court  or  county 
board,  whose  duty  it  is  to  fill  the  yacancy  by  appointment  or  to  order  an 
election  to  fill  such  vacancy,  shall  have  power  to  determine  whether  or 
not  the  facts  occasioning  such  vacancy  exist.  [L.  1890,  ch.  80,  §  47 ;  R.  S. 
1899,  §  217.] 

state  V.  Barber,   4  Wyo.  415,   34. Pac.   1027,   27  L.  R.  A.   45. 

§  2113.  Who  may  vote  at  special  election^.  All  persons  who  have 
registered  either  during  the  registration  period  immediately  preceding 
a  special  election,  or  a  ^municipal  election,  or  who  have  registered  less 
than  two  years  before  such  election,  during  a  regular  registration  period 
for  county  elections  or  during  any  special  or  municipal  registration 
period,  subsequent  to  such  regular  county  election,  shall  be  entitled  to 
vote  at  such  special  election,  or  municipal  election  as  the  case  may  be, 
in  the  precinct  in  which  they  registered.  The  provisions  of  law  gov- 
erning registration  and  elections  shall  apply  to  all  special  elections  and 
municipal  elections.     [L.  1895,  ch.  77,  §  1 ;  R.  S.  1899,  •§  218.] 


CHAPTER  145. 
NOMINATIONS. 


§  2114.  Convention  or  primary  meeting  defined.  A  convention  or 
primary  meeting  within  the  meaning  of  the  election  laws  is  an  organized 
assemblage  of  electors  or  delegates  representing  a  political  party.  [L. 
1890,  ch.  80,  §  85;  R.  S  .1899,  §  219.] 

state  V.  Barber,  4  Wyo.  56,   32  Pac.   14. 

§  2115.     Application  of  law — How  meetings  shall  be  called.     Any 

caucus  or  public  meeting  of  the  qualified  voters  of  a  county,  district, 
city,  town,  ward  of  a  city  or  town,  or  polling  precinct,  of  any  specified 
party  or  portion  of  such  voters,  for  the  nomination  of  candidates  to 
be  supported  at  any  state,  general,  county,  district,  municipal  or  other 
election,  or  for  the  selection  of  delegates  to  any  political  convention,  or 
for  the  appointment  of  any  political  committee,  may  be  called  by  written 
or  printed  notice,  specifying  that  the  same  is  to  be  held  in  accordance 


ELECTION  LAWS  OF  WYOMING,  1920.  49 

with  the  provisions  of  this  chapter,  and  such  provisions  thereof  shall  then 
apply  to  the  conduct  and  proceedings  of  such  meeting.  [L.  1897,  ch.  5^5, 
§  24;  R.  S.  1899,  §  220.] 

§  2116.  Officers  of  meeting.  The  call  for  the  meeting  shall  desig- 
nate by  name  or  office  the  person  who  shall  call  the  meeting  to  order; 
and  the  person  so  designated  shall  call  the  meeting  to  order  and  preside 
until  a  chairman  shall  be  chosen.  In  case,  however,  the  person  so  desig- 
nated shall  be  absent  at  the  time  appointed,  the  meeting  may  choose  a 
temporary  chairman  to  act  in  place  of  such  person.  The  organization  of 
the  meeting  by  the  choice  of  a  chairman,  clerk  and  such  other  officers  as 
the  meeting  mav  require,  shall  be  the  first  business  in  order.  [L.  ^890-91, 
ch.  32,  §  2;  R.  S.  1899,  §  221.] 

§  2117.  When  ballot  shall  be  taken.  A  ballot  shall  be  taken  for  the 
choice  of  any  candidate,  delegate  or  member  of  a  political  committee  to 
be  selected  by  such  meeting,  in  case  five  or  more  of  the  persons  present 
.and  entitled  to  vote  therein  shall  in  any  case  so  request  in  writing;  and 
in  case  of  such  written  request,  a  ballot  shall  be  taken  for  the  choice  of 
the  chairman  of  such  meeting  unless  the  meeting  shall  vote  to  dispense 
with  such  ballot.  Such  written  request  may  be  presented  to  the  presiding 
officer  for  the  time  being,  by  motion  or  otherwise  at  any  time,  before  a 
choice  of  the  officers  to  which  it  relates  is  effected.  [L.  1890-91,  ch.  32, 
§  3;  R.  S.  1899,  §  222.] 

§  2118.  Challenges.  Any  person  offering  to  vote  at  any  such  meet- 
ing may  be  challenged  by  any  person  present  as  to  whether  his  political 
faith  is  in  accordance  with  that  of  the  party  or  voters  holding  such 
meeting,  and  as  to  whether  he  is  a  resident  elector  within  the  district  or 
precinct  holding  such  meeting.  Upon  such  challenge  the  party  chal- 
lenged before  he  shall  be  permitted  to  vote  shall  be  required  to  make  a 
sworn  statement  before  the  presiding  officer  of  such  meeting  showing  his 
place  of  residence  and  that  the  same  is  within  the  proper  district  or  pre- 
cinct, and  also  showing  his  political  faith  is  in  accordance  with  the  party 
or  voters  holding  such  meeting,  and  in  case  he  refuses  to  make  such 
sworn  statement  his  vote  shall  not  be  received.  [L.  1890-91,  ch.  32,  §  5 ; 
R.  S.  1899,  §  223;  L.  1907,  ch.  100,  §  1.] 

§  2119.  Preservation  of  ballots.  The  clerk  chosen  at  such  meeting 
shall,  at  the  request  in  writing  of  five  voters  entitled  to  act  therein, 
safely  keep  all  ballots  cast,  and  check  lists  used  therein  for  a  period 
of  three  months,  and  shall  produce  the  same  if  called  for  by  anv  court 
of  justice.     [L.  1890-91,  ch.  32,  §  7 ;  R.  S.  1899,  §  224.] 

§  2120.  Regulations  may  be  adopted  by  primary.  Nothing  herein 
shall  prevent  the  enforcement  at  any  primary  of  further  regulations  not 
inconsistent  with  the  provisions  of  this  chapter.  [L.  1890-91,  ch.  32,  §  8 ; 
R.  S.  1899,  §  225.] 

§  2121.  Nominations  of  candidates  may  be  by  convention  or  pri- 
mary. Any  convention  or  primary  meeting  as  herein  defined,  held  for 
the  purpose  of  making  nominations  to  public  office  and  also  electors  to 
the  number  herein  specified  may  nominate  candidates  for  public  office  to 
be  filled  by  election.     fL.  1890,  ch.  80,  §  84;  R.  S.  1899,  §  226.] 

state  V,  Burdick,   6  Wyo.  462,   46  Pac.  854,  34  L.  R.  A.  845. 

§  2122.     Certificate  of  nomination  by  convention  or  primary.     All 

nominations  made  by  such  convention  or  primary  meeting  shall  be  cer- 


50  ELECTION  LAWS  OF  WYOMING,  1920. 

tified  as  follows :  The  certificate  of  nomination  shall  be  in  writing,  shall 
contain  the  name  of  each  person  nominated ;  his  residence ;  his  business, 
and  the  office  for  which  h^  is  nominated,  and  shall  designate  in  not  more 
than  two  words,  of  which  the  word  "party"  shall  be  one,  the  political 
party  which  such  convention  or  primary  meeting  represents  (as  for 
instance:  "Republican  Party,"  "Democratic  Party,"  "People's  Party" 
or  "Fusion  Party"),  a  compound  or  hyphenated  word  shall  not  be  used 
to  indicate  the  name  of  a  political  party  within  the  meaning  of  this 
section.  The  certificate  shall  be  signed  by  the  chairman  and  secretary 
of  such  convention  or  primary  meeting,  w^ho  shall  add  to  their  signatures 
their  respective  places  of  residence,  and  make  oath  before  an  officer 
qualified*  to  administer  the  same  that  the  affiants  were  such  officers  of 
such  convention  or  primary  meeting,  and  that  the  statements  contained 
in  such  certificate  are  true  to  the  best  of  their  knowledge  and  belief, 
A  certificate  that  such  oath  has  been  administered  shall  be  made  and 
signed  by  the  officer  before  whom  such  oath  was  made.  The  certificate 
ijiade  out  as  herein  required,  shall  be  delivered,  or  be  caused  to  be  deliv- 
ered, by  the  chairman  or  secretary  of  such  convention  or  primary  meet- 
ing to  the  officer  by  whom  the  same  is  to  be  filed.  [L.  1890,  ch.  80,  ^  86; 
L.  1897,  ch.  53,  §  12;  R.  S.  1899,  §  227.]   . 

state  V.  Barber,  4  Wyo.  56,  32  Pac.  14;  State  v.  Burdick,  6  Wyo.  462,  46  Pac.  854, 
34^L.  R.  A.  845. 

§  2123.    How  candidates  may  be  nominated  outside  of  convention. 

Candidates  for  public  office  may  be  nominated  otherwise  than  by  conven- 
tion or  primary  meeting,  in  the  following  manner:  A  certificate  of  the 
nomination  containing  the  name  of  each  person  nominated ;  his  residence ; 
his  business ;  the  office  for  which  he  is  nominated  and  the  name  of  the 
party  or  principle  which  the  candidate  and  those  nominating  him  repre- 
sent, expressed  in  one  word  entirely  different  from  the  name  of  any  poli- 
tical party  making  nominations  voted  for  at  the  last*  preceding  general 
election,  shall  be  signed  by  the  electors  residing  within  the  district  or 
political  division  in  and  for  which  the  officer,  or  officers  are  to  be  elected, 
in  the  following  numbers :  The  number  of  signatures  shall  Hot  be  less 
than  one  hundred  when  the  nomination  is  for  an  office  to  be  filled  by  the 
electors  of  the  entire  state,  or  any  subdivision  thereof  larger  than  a 
county,  and  shall  not  be  less  than  twenty-five  when  the  election  is  for  an 
office  to  be  filled  by  the  electors  of  a  county,  and  shall  not  be  less  than  ten 
when  the  election  is  for  an  office  to  be  filled  by  the  electors  of  any  sub- 
division or  district  less  than  a  county.  The  signatures  need  not  all  be 
appended  to  one  paper,  but  each  elector  signing  the  certificate  shall  add 
to  his  signature  his  place  of  residence  and  his  occupation.  Such  cer 
tificate  may  be  filed  in  the  same  manner  and  with  the  same  effect  as  a 
certificate  of  nomination  made  by  a  party  convention  or  primary  meeting. 
[L.  1890,  ch.  80,  §  88;  L.  1897,  ch.  53,  §  13 ;  R.  S.  1899,  §  228.] 

state  V.  Burdick,   6  Wyo.  462,  46  Pac.  854,   34  L.  R.  A,  845. 

§  2124.  Certificate  to,  name  but  one  candidate — Person  can  accept 
but  one  nomination.  No  certificate  of  nomination  shall  contain  the  name 
of  more  than  one  candidate  for  each  office  to  be  filled,  and  if  it  does  it 
shall  be  void.  No  person  shall  join  in  nominating  more  than  one  person 
for  the  same  office  and  if  he  does,  his  name  shall  not  be  counted  upon 
either  certificate.  Whenever  any  person  shall  receive  two  or  more  nom- 
mations  for  the  same  office,  he  shall  be  deemed  to  have  accepted  the 
nomination  first  made  and  to  have  declined  the  others  unless  within  the 
time  limited  for  filing  certificates  of  nomination,  he  shall  file  in  the  office 


ELECTION  LAWS  OF  WYOMING,  1920.  51 

where  such  certificates  of  nomination  are  required  to  be  filed,  a  written 
statement,  signed  and  sworn  to  by  him,  designating  which  one  of  such 
nominations  he  desires  to  accept,  and  upon  the  filing  thereof  he  shall  be 
deemed  to  have  declined  the  other  nominations.  [L.  1890,  ch.  80,  §  89  j 
L.  1897,  ch.  53,  §  16;  K.  S.  1899,  §  229.] 

state  V.  Burdick,   6  Wyo.  462,   46  Pac.  854,   34  L.  R.  A.  845. 

§  2125.     Certificate  of  nomination  shall  be  verified  by  oath.    One  of 

the  signers  to  each  separate  certificate  of  nomination  shall  swear  that  the 
statements  therein  contained  are  true  to  the  best  of  his  knowledge  and 
belief,  and  a  certificate  shall  be  annexed  to  each  oath.     [L.  1890,  ch.  80, 

§  90;  R.  S.  1899,  §  230.] 

state  V.  Chatterton,   11  Wyo.   13,    70  Pac.  466. 

§  2126.     Certificate  of  nomination  shall  be  preserved  one  year.    The 

secretary  of  state  and  the  clerks  of  the  several  counties,  and  of  the  several 
municipal  corporations  shall  cause  to  be  preserved  in  their  respective 
offices  for  one  year  all  certificates  of  nomination  filed  under  the  provisions 
of  this  chapter.  All  such  certificates  shall  be  open  to  public  inspection 
under  proper  regulations  to  be  made  by  the  officers  with  whom  the  same 
are  filed.     [L.  1890,  ch.  80,  §  91;  R.  S.  1899,  §  231.] 

§  2127.  Places  for  filing  certificates  of  nomination.  Certificates  of 
nomination  of  candidates  for  offices  to  be  filled  by  the  electors  of  the 
entire  state  or  of  any  division  or  district  greater  than  a  county,  shall 
be  filed  with  the  secretary  of  state.  Certificates  of  nomination  for  county 
and  precinct  officers,  including  members  of  either  branch  of  the  legisla- 
ture, shall  be  filed  with  the  clerks  of  the  respective  counties,  wherein  the 
officers  are  to  be  elected.     [L.  1890,  ch.  80,  §  87 ;  R.  S.  1899,  §  232.] 

§  2128.  Time  for  filing  certificates  of  nomination.  Certificates  of 
nomination  to  be  filed  with  the  secretary  of  state  shall  be  filed  not  more 
than  ninety  days  and  not  less  than  forty  days  before  the  day  fixed  by 
law  for  the  election  of  the  persons  in  nomination.  Certificates  of  nom- 
ination to  be  filed  with  the  county  clerk  shall  be  filed  not  more  than  sixty 
days  and  not  less  than  twenty-five  days  before  the  election.  Certificates 
for  the  nomination  of  candidates  for  municipal  offices  shall  be  filed  with 
the  clerk  of  the  respective  municipal  corporations  not  more  than  thirty 
days  and  not  less  than  three  days  previous  to  the  day  of  election;  Pro- 
vided, That  the  provisions  of  this  section  shall  not  be  held  to  apply  to 
nominations  for  special  elections  to  fill  vacancies  caused  by  death,  resig- 
nation or  otherwise  .    [L.  1897,  ch.  53,  §  14;  R.  S.  1899,  §  233.] 

§  2129.  Declination  of  nomination.  Whenever  any  person  nomi- 
nated for  public  office  as  in  this  chapter  provided,  shall  at  least  twenty- 
five  days  before  election,  except  in  the  case  of  municipal  elections,  in  a 
writing  signed  by  him  and  acknowledged  before  an  officer  qualified  to 
take  acknowledgements,  notifying  the  officer  with  whom  the  certificate 
nominating  him  is  by  this  chapter  required  to  be  filed  tbat  he  declines 
such  nomination,  such  nomination  shall  be  void.  In  municipal  elections 
such  declinations  must  be  made  at  least  two  davs  before  the  election.  [L. 
1890,  ch.  80,  §  95;  R.  S.  1899,  §  234.] 

state  V.  Burdick,   6  Wyo.  462,   46  Pac.  854,   34  L.  R.  A.  845. 

§  2130.  Vacancies  in  lists  of  nominees.  Should  any  person  so  nomi- 
nated die  before  the  printing  of  the  tickets,  or  decline  the  nomination  as 
in  this  chapter  provided,  or  should  any  certificate  of  nomination  be,  or  be- 
come insufficient,  or  inoperative  from  any  cause,  the  vacancy  or  vacancies 


52  ELECTION  LAWS  OF  WYOMING,  1920. 

thus  occasioned  ma}^  be  filled  in  the  manner  required  for  original  nomi 
nations.     [L.  1890,  ch.  80,  §  96 ;  R.  S.  1899,  §  235.] 

state  V.  Burdick,   6  Wyo.  462,   46  Pac.  854,   34  L.  R.  A.  845. 

§  2131.  Filling  vacancies.  A  vacancy  occurring  m  any  nomination 
made  by  a  party  convention  can  be  filled  by  a  subsequent  convention  of 
that  party  or  by  a  committee  to  which  power  has  been  delegated,  but  can- 
not be  filled  in  any  other  manner.  [L.  1897,  ch.  53,  §  15 ;  R  .S.  1899, 
§  236.] 

§  2132.  Filling  vacancies  in  lists  of  nominees.  If  the  original 
nomination  was  made  by  a  party  convention  which  had  delegated  to  a 
committee  the  power  to  fill  vacancies,  such  committee  may  upon  the  oc- 
curring of  any  such  vacancies  proceed  to  fill  the  same.  The  chairman  and 
secretary  of  such  committee  shall  thereupon  make  and  file  with  the  proper 
officer  a  certificate  setting  forth  the  cause  of  the  vacancy,  the  name  of  the 
person  nominated,  the  office  for  which  he  was  nominated,  the  name  of  the 
person  for  whom  the  new  nominee  is  to  be  substituted,  the  fact  that  the 
committee  was  authorized  to  fill  vacancies,  and  such  further  information 
as  is  required  to  be  given  in  an  original  certificate  of  nomination.  The 
certificate  so  made  shall  be  executed  in  the  same  manner,  and  shall  have 
the  same  force  and  effect  as  an  original  certificate  of  nomination.  [L. 
1890,  ch.  80,  §  97;  R.  S.  1899,  §  237.] 

§  2133.     Secretary  of  state  shall  certify  substitute  nominees.    When 

such  certificate  shall  be  filed  with  the  secretary  of  state  he  shall,  on  certi- 
fying the  nomination  to  the  various  county  clerks,  insert  the  name  of  the 
person  who  has  thus  been  nominated  to  fill  a  vacancy  in  place  of  that  of 
the  original  nominee.  And  in  the  event  that  he  has  already  sent  forth  his 
certificate,  he  shall  certify  to  the  clerks  of  the  proper  counties  the  name  of 
and  description  of  the  person  so  nominated  to  fill  a  vacancy,  the  office  he 
is  nominated  for,  the  party  or  political  principle  he  represents,  and  the 
name  of  the  person  for  whom  such  nominee  is  substituted.  [L.  1890,  ch. 
80,  §  98;  R.  S.  1899,  §  238.] 

§  2134.  Filling  vacancies  after  ticket  printed — Stickers.  When  any 
vacancy  occurs  before  election  day  and  after  the  printing  of  the  tickets, 
and  any  person  is  nominated  according  to  the  provisions  of  this  chapter 
to  fill  such  vacancy,  the  officer  whose  duty  it  is  to  have  the  tickets  printed 
and  distributed  shall  thereupon  have  printed  a  requisite  number  of  stick- 
ers, and  shall  mail  them  by  registered  letter  to  the  judges  of  election  in 
the  various  precincts  interested  in  such  election,  and  the  judges  of  elec- 
tion whose  duty  it  is  to  distribute  the  tickets  shall  affix  such  stickers  in 
the  proper  place  on  each  ticket  before  it  is  given  out  to  the  elector.  [L. 
1890,  ch.  80,  §  99;  R.  S.  1899,  §  239.] 

§  2135.  A  ''sticker"  defined.  A  sticker  shall  be  a  strip  or  piece  of 
paper  bearing  upon  one  side  the  printed  or  written  name  or  names  of  a 
candidate  or  candidates  for  office,  and  bearing  upon  the  other  side  an  ad- 
hesive substance.     [L.  1890,  ch.  80,  §  100;  R.  S.  1899,  §  240.] 

§  2136.  Notice  of  questions  to  be  submitted  to  vote.  Whenever  a 
proposed  constitution  or  constitutional  amendment,  or  other  question  is 
to  be  submitted  to  the  people  of  Wyoming  for  popular  vote,  the  secretary 
of  state  shall  not  less  than  thirty  days  before  election  certify  the  same  to 
the  clerk  of  each  county,  and  the  clerk  of  each  county  shall  include  the 
same  in  the  publication  herein  provided.    Questions  to  be  submitted  to  the 


ELECTION  LAWS  OF  WYOMING,  1920.  53 

people  of  a  county  or  municipality,  shall  be  advertised  as  provided  for 
nominees  for  office.     [L.  1890,  ch.  80,  .§  101 ;  R.  S.  1899,  §  241.] 

§  2137.  Secretary  of  state  shall  certify  nominations.  Not  less  than 
twenty-five  nor  more  than  thirty  days  before  an  election  to  fill  any  public 
office,  the  secretary  of  state  shall  certify  to  the  county  clerk  of  each 
county  within  which  any  of  the  electors  may  by  law  vote  for  candidates 
for  such  office,  the  name  and  description  of  each  person  nominated  for 
such  office  as  specified  in  the  certificate  of  nomination  with  the  said  secre- 
tary.    [L.  1890,  ch.  80,  §  93;  R.  S.  1899,  §  242.] 

state  V.  Burdick,   6  Wyo.  462,  46  Pac.  854,   34  L.  R.  A.  845. 

§  2138.  Posting  list  of  nominees.  At  least  ten  days  before  the  elec- 
tion to  fill  any  public  office,  other  than  a  municipal  office,  the  county  clerk 
of  each  county  shall  cause  to  be  published  in  one  or  more  newspapers 
within  the  county,  if  there  be  any,  the  nominations  to  office  certified  to 
him  under  the  provisions  of  this  chapter.  The  county  clerk  shall  make 
such  publications  daily  until  the  election,  in  the  counties  where  daily 
papers  are  published,  but  if  there  be  no  daily  papers  published  within  the 
county,  tAvo  publications  in  each  newspaper,  if  there  be  any,  will  be  suf- 
ficient. One  of  such  publications  in  each  newspaper  shall  be  upon  the  last 
day  upon  which  such  newspaper  is  issued  before  the  election.  Tn  case  of 
municipal  elections  such  publications  shall  be  made  in  one  or  more  news- 
papers, if  there  be  any,  devoted  to  the  dissemination  of  general  news  and 
published  within  the  municipal  corporation  in  which  the  election  is  to  be 
held  at  least  three  days  before  the  election,  the  publication  to  be  daily 
until  election,  where  there  are  daily  newspapers ;  but  if  there  be  no  daily 
newspaper  published  within  the  municipal  corporation,  one  publication  in 
each  newspaper,  if  there  be  any,  shall  be  sufficient.  If  no  newspapers  are 
published  in  the  county  or  municipal  corporation,  the  clerk  of  either  such 
county  or  municipal  corporation  shall  post  the  said  notices  at  not  less 
than  five  conspicuous  places  within  the  county,  or  municipal  corporation, 
as  the  case  may  be,  at  least  ten  djjys  before  the  election,  if  possible ;  Pro- 
vided, That  in  special  elections  to  fill  vacancies  the  foregoing  provisions 
of  this  section  shall  not  apply.  [L.  1890-91,  ch.  100,  §  18 ;  R.  S.  1899,  ^ 
243.] 

DIRECT  PRIMARY. 

(Chapter  23,  Session  Laws,  1911,  Sections  19,  23,  30,  47,  as  amended 
by  Chapter  128,  Session  Laws,  1913;  Sections  4,  10,  11,  as  amended  by 
Chapter  160,  Session  Laws,  1915;  Section  3,  as  amended  by  Chapter  83, 
Session  Laws,  1917.) 

Section  1.  C?ir}didates  nominated  by.  From  and  after  the  passage 
of  this  act,  the  cr-  idates  of  political  parties  for  all  offices  which  under 
the  law  are  filled  l)^>  the  direct  vote  of  the  people  of  this  state  at  the  gen- 
eral election  in  I'vovember;  candidates  for  the  office  of  senator  in  the  con- 
gress of  the  United  States  shall  be  nominated  and  party  committeemen 
shall  be  elected  at  primary  elections  at  the  times  and  in  the  manner  here- 
inafter provided.  No  names  of  candidates  of  any  political  party  which  is 
required  or  permitted  under  this  act  to  make  nomin^ions  shall  be  placed 
upon  the  official  election  ballot  unless  such  candidates  shall  have  been 
chosen  and  nominated  in  "accordance  with  this  act. 

Sec,  2.  When  held.  The  primary  election  herein  provide^d  for  shall 
consist  of  an  election  by  all  political  parties,  at  the  same  time  and  place 
in  the  various  voting  precincts  designated  as  provided  by  the  general  elec- 


64  ELECTION  LAWS  OF  WYOMING,  1920 


tion  laws  of  this  state,  on  the  first  Tuesday  after  the  third  Monday  in 
August  in  every  year  in  which  occurs  a  general  election,  for  the  nomina- 
tion of  candidates  for  such  offices  as  are  to  be  filled  at  the  general  election 
in  November  next  ensuing,  and  for  the  election  of  party  commit.teemen 
In  the  primary  elections  held  in  the  year  next  preceding  the  filling  of  the 
office  of  senator  in  the  congress  of  the  United  States  by  the  legislature  of 
this  state,  there  shall  also  be  nominated  the  candidates  of  all  political 
parties  for  said  office  of  senator  in  the  congress  of  the  United  States  in  the 
same  manner  as  is  herein  provided  for  the  nomination  for  officers  voted 
for  in  the  state  at  large. 

Sec.  3.  Every  candidate  for  office  and  every  candidate  for  party 
committeeman  shall  make  and  file  at  the  time  and'  place  provided  in 
Section  8  of  this  chapter,  a  petition  or  nomination  paper,  expressing  a 
desire  to  be  nominated  for  a  particular  office  or  for  committeeman,  which 
petition  shall  be  accompanied  by  a  fee  of  ten  dollars  if  a  candidate  seeks 
a  county  or  legislative  office,  or  an  office  to  be  voted  for  wholly  within 
the  county,  and  a  fee  of  twenty  dollars  if  the  office  sought,  be  one  to  be 
voted  for  by  the  electors  of  the  entire  state  or  any  district  larger  than  a 
county  except  legislative  office  be  filed  respectively  with  the  county 
clerks  and  secretary  of  state  and  be  turned  into  the  county  treasury  or 
state  treasury,  as  the  case  may  be;  Provided,  That  a  candidate  for  a 
party  committeeman,  justice  of  the  peace,  constable  and  district  road 
supervisor  or  overseer  shall  not  be  required  to  pay  any  fee;  Provided, 
That  no  certificate  of  election  shall  be  issued  unless  the  fees  herein  speci- 
fied shall  have  been  previously  paid.     [Chap.  83,  Session  Laws,  1917.1 

Sec.  4.  Form  of  petition.  The  petition  mentioned  in  the  next  pre- 
ceding section,  shall  be  substantially  in  the  following  form,  and  shall  in 
any  event  clearly  state  and  show  with  what  political  party  the  petitioner 
is  affiliated  and  upon  what  party  official  ballot  such  petitioner  desires  his 
name  to  be  printed: 


State  of  Wyoming, 

"'SS. 


County  of j '  ^ 

I, ,  the^undersigned,  a  qualified  elector 

of  precinct  No ,  in  election  district  No ,  in  the  county 

of ,  state  of  Wyoming,  and  a  member  of 

the party,  hereby  petition  and  request  that 

my  name  be  printed  upon  the  official  ballot  at  the  primary  election  next 

ensuing  as  a  candidate  for  the  office  of on  the  party 

official  ballot.    And  I  hereby  declare  that  if  nominated  and  elected  I  will 
qualify  as  such  officer.     [Sec.  2,  Chapter  160,  Session  Laws,  1915.] 

(Section  6  and  probahly  Section  5,  repealed  by  Section  5,  Chapter  160,  Session  Laws,  1915.) 

Sec.  8.  Nomination  papers — Where  and  when  filed.  All  nomination 
papers  herein  required  shall  be  filed  as  follows : 

(1)  For  state  officers,  judges  of  the  supreme  and  district  courts, 
senators  in  the  congress  of  the  United  States,  and  representatives  in  con- 
gress, in  the  office  of  the  secretary  of  state,  at  least  thirty  days  before  the 
date  of  the  primary  election  next  ensuing;  Provided,  however,  That  if 
any  vacancy  occurs  in  the  office  of  senator  in  the  congress  of  the  United 
States  within  sixty  days  before  such  primary  election,  no  nominations 
shall  be  made  for  such  office  to  fill  the  vacancy,  or  otherwise,  at  such  pri- 
mary election.     (2)   For  offices  to  be  voted  for  wholly  within  one  county 


ELECTION  LAWS  OF  WYOMING,  1920.  55 

and  for  officers  not  herein  otherwise  provided  for,  in  the  office  of  the 
county  clerk  of  the  proper  county  at  least  twenty  days  before  the  date  of 
the  primary  election  next  ensuing.  (3)  For  city  or  town  officers.  When 
the  election  of  such  city  or  town  officers  is  at  a  different  time  and  place 
from  the  election  of  county  officers,  in  the  office  of  the  city  or  town  clerj^^, 
at  least  ten  days  before  the  primary  election  next  ensuing. 

Sec.  10.  Blank  forms  furnished  by  secretary  of  state  and  county 
clerks.  The  secretary  of  state  shall  cause  to  be  printed  and  kept  on  hand 
a  sufficient  quantity  of  petitions  in  blank  form  as  provided  for  in  preced- 
ing sections  of  this  act  and  shall  furnish  the  same  on  application  to  any 
qualified  elector  in  the  state,  for  any  office  concerning  which  the  petition 
is  required  to  be  filed  in  his  office,  and  the  county  clerk  of  each  county 
shall  likewise  cause  to  be  printed  and  kept  on  hand  a  sufficient  quantity 
of  such  petitions  in  blank  form  and  furnish  the  same  on  application  to 
any  qualified  elector  in  his  county  desiring  to  become  a  candidate,  for  any 
office  in  reference  to  which  such  petition  is  required  to  be  filed  in  the  office 
of  the  county  clerk.     [Sec.  3,  Chapter  160,  Session  Laws,  1915.] 

Sec.  11.    Candidates  certified  to  county  clerks.    At  least  twenty-five 

(25)  days  before  any  such  primary  election,  the  secretary  of  state  shall' 
transmit  to  each  county  clerk  a  certified  list  containing  the  name  and  post- 
office  address  of  each  person  who  has  filed  in  his  office  such  nominating 
petition,  in  accordance  with  the  provisions  of  this  act  and  Section  8  of 
Chapter  23  of  the  Session  Laws  of  Wyoming,  1911,  together  ,with  a  desig- 
nation of  the  office  for  which  such  person  is  a  candidate,  and  the  party 
from  which  he  seeks  a  nomination.  [Sec.  4,  Chapter  160,  Session  Laws, 
1915.] 

Sec.  12.  Arrangement  of  ballots.  The  primary  election  ballots  for 
the  several  political  parties  shall  be  by  separate  ballots.  All  the  official 
ballots  designed  to  be  voted  at  primary  nominating  elections  shall  be 
printed — for  the  Republican  party  in  black  ink,  upon  a  good  quality  of 
white  paper ;  for  the  Democratic  party  in  black  ink,  upon  a  good  quality 
of  blue  paper ;  and  for  any,  third  party  in  black  ink,  upon  a  good  quality 
of  green  paper,  and  for  any  other  parties  more  than  three  there  shall  be 
used  a  good  quality  of  paper  of  different  colors  than  those  specified  above 
and  printed  in  black  ink.  The  names  of  the  candidates  of  each  political 
party  shall  be  printed  in  black  ink,  on  separate  sheets,  of  paper,  uniform 
in  quality,  texture  and  size.  The  words  "OFFICIAL  PRIMARY  ELEC- 
TION BALLOT,"  followed  by  the  name  of  the  political  party,  shall  be 
printed  at  the  head  of  said  ballots,  succeeded  by  the  following  printed  in 
struction,  to-wit :  "To  vote  for  a  person  whose  name  is  printed  on  the 
])allot,  mark  a  cross  (X)  in  the  square  immediately  to  the  right  of  the 
name  of  the  person  for  whom  you  desire  to  vote.  To  vote  for  a  person 
whose  name  is  not  printed  on  the  ballot,  write  or  paste  his  name  in  the 
blank  space  provided  for  that  purpose."  The  names  of  all  aspirants  for 
nomination  of  each  political  party,  for  the  different  offices,  shall  be  ar- 
ranged in  separate  groups  in  the  following  order,  commencing  at  the  top 
of  the  column  on  the  left,  to-wit :  Senator  in  the  congress  of  the  United 
States,  governor,  followed  by  the  other  state  officers,  representatives  in 
congress,  supreme  court  judges,  district  court  judges,  officers  to  be  elected 
in  the  county,  officers  for  the  sub-divisions  in  the  county,  party  commit- 
teemen, leaving  out  those,  in  any  year,  the  officers  for  which  are  not  to  be 
elected  at  the  next  ensuing  election.  Each  ballot  shall  contain  two  col- 
umns, separated  from  each  other  by  a  heavy  black  line  one-twelfth  of  one 


56  ELECTION  LAWS  OF  WYOMING,  1920. 

inch  in  width,  and  each  column  is  to  have  as  nearly  as  possible  the  same 
number  of  candidates  thereon.  No  squares  shall  appear  at  the  head  of 
the  ballot.  At  the  left  of  each  group,  or  at  the  top  thereof,  shall  appear 
the  title  of  the  office,  and  a  square  after  each  name,  and  each  blank  line. 
There  shall  be  left  below  the  list  of  printed  candidates  in  each  group, 
blank  lines  and  spaces  equivalent  in  number  to  the  number  of  persons  to 
be  voted  for  in  such  group,  in  which  the  elector  may  write  or  paste  the 
name  or  names  of  any  person  not  printed  on  said  ballot  for  whom  he 
desires  to  vote. 

Sec.  13.  Arrangement  of  names.  The  names  of  the  candidates  for 
nomination  to  each  office  or  position  shall  be  arranged  under  the  designa- 
tion of  the  office  or  position  in  alphabetical  order,  according  to  surnames. 

Sec.  14.  Form  of  ballot.  The  ballot  herein  provided  for  shall  be 
substantially  in  the  following  form,  to-wit:  (When  offices  other  than 
those  given  in  the  form  below  are  to  be  filled  at  the  election,  the  officer 
preparing  the  ballot  shall  use  substantially  the  said  form,  putting  the 
proper  designation  of  the  office  in  the  space  as  indicated  in  said  form, 
and  the  names  of  the  candidates  therefor  under  the  same.) 


ELECTION  LAWS  OF  WYOMING,  1920. 


57 


OFFICIAL  PRIMAKY  ELECTION  BALLOT 

of  the 


Party 


Precinct Election  District County  of 

State  of  Wyoming. 

Primary  election  held  on  the day  of ,  191. 

(Here  print  the  instruction  as  mentioned.) 


United  States  Senator 

Vote 
for 
one 

County  Clerk 

Vote 
for 
one 

John  Doe 

John  Doe 

John  Doe 

John  Doe 

Governor 

Vote 
for 
one 

Clerk  District  Court 

Vote 
for 
one 

John  Doe 

John  Doe 

John  Doe 

John  Doe 

State  Auditor 

Vote 

for 

one 

Sheriff 

•     Vote 
for 
one 

John  Doe 

John  Doe 

John  Doe 

John  Doe 

' 

Secretary  of  State 

Vote 
for 
one 

Representative  in 
Legislature 

Vote 
for 

John  Doe      ' 

John  Doe 

John  Doe 

John  Doe 

Representative  in 
Congress 


Vote 
for 
one 


58  ELECTION  LAWS  OF  WYOMING,  1920. 

All  other  offices  which  are  to  be  filled  at  the  general  election  next  en- 
suing shall  be  shown  on  the  ballot  substantially  in  the  above  form,  the 
principle  there  indicated  to  be  substantially  followed  in  all  cases. 

Note — For  non-partisan  judiciary  and  county  superintendent,  see 
pages  65-69- 

Sec.  15.  Sample  ballots.  The  officer  whose  duty  it  is  to  cause  the 
printing  of  the  primary  ballots  shall  transmit  or  cause  to  be  delivered  to 
the  primary  election  judges  sample  ballots  of  each  political  party,  sub- 
stantially in  the  form,  of  the  official  primary  election  ballot,  which  sample 
ballots  shall  be  printed  upon  paper  of  a  different  texture  and  color  from 
the  official  primary  election  ballots,  and  it  shall  be  the  duty  of  the  primary 
election  judges  to  post  not  less  than  five  of  such  sample  ballots  in  and 
about  the  polling  places  upon  the  day  of  the  primary  election  and  before 
the  opening  of  the  polls. 

Sec.  16.  Supplies^ — Poll  iDOoks.  All  necessary  election  supplies,  in- 
cluding poll  books  as  provided  by  law,  for  the  general  election,  together 
with  a  sufficient  number  of  primary  election  ballots  of  each  party,  shall  be 
furnished  for  the  primary  election  board  for  each  precinct  by  the  county 
clerk,  and  such  poll  books  shall  contain  blank  spaces  for  the  names  of 
candidates  of  the  several  parties  for  the  different  offices  to  be  written  in, 
and  blank  spaces  for  entering  by  the  clerks  the  names  of  the  electors  vot- 
ing at  said  primary  election  and  upon  the  pages  provided  for  entering  the 
names  of  said  voters  there  shall  be  ruled  spaces  for  the  listing  of  the 
names  of  said  voters  and  for  the  designation  of  the  party  ticket  voted  by 
said  elector  in  manner  and  form  substantially  as  follows: 


No. 

Name 

Republican 

Democrat 

1. 

James  Smith 

X 

2. 

Tom  Jones 

X 

3. 

Dan  Brown 

X 

4. 

George  White 

X     • 

It  shall  be  the  duty  of  the  clerks  of  the  primary  election  when  enter- 
ing the  name  of  a  voter  to  place  in  the  poll  books  a  cross  thus  (X)  in  the 
column  designating  the  party  ticket  which  was  given  to  said  voter  upon 
his  application  for  a  ticket. 

,  Sec.  17.  General  law  applicable.  Except  as  herein  otherwise  pro- 
vided, all  primary  elections  shall  be  conducted  as  reciuired  for  general 
elections  under  the  general  election  laws  of  the  state  of  Wyoming,  as  far 
as  the  provisions  thereof  may  be  applicable,  and  the  election  officers  for 
such  primary  election  shall  have  the  same  powers  and  perform  the  same 
duties  as  those  for  general  elections,  as  nearly  as  may  be  applicable. 

Sec.  18.  Voting"  places — Judges  of  election — Expenses.  The  voting 
places  in  the  various  precincts  of  each  county  shall  be  designated,  and  the 
judges  and  clerks  of  all  primary  elections  shall  be  made  up  and  elected 
and  appointed  by  the  board  of  county  commissioners  of  each  county,  at 
the  regular  meeting  of  such  board  at  least  thirty  days  prior  to  each  pri- 
mary election.  The  expenses  of  the  primary  election  shall  be  audited  by 
the  board  of  county  commissioners  of  each  county,  and  be  paid  the  same 
as  the  expenses  of  the  general  election.  The  compensation  of  the  primary 
election  officers  shall  be  the  same  as  the  election  officers  of  a  general 
election. 


ELECTION  LAWS  OF  WYOMING,  1920.  59 

Sec.  19.  Manner  of  voting.  The  voter  shall  in  all  cases  mark  the 
])allot  in  the  square  to  the  right  of  the  name  of  each  person  for  whom  he 
desires  to  vote,  except  that  where  he  writes  in  or  pastes  in  a  name,  the 
square  is  not  necessary  to  be  marked ;  but  the  name  of  no  person  so  writ- 
ten or  pasted  upon  said  ballot,  whose  name  appears  upon  the  ballot  of  an- 
other political  party,  at  said  primary  ele.ction,  shall  be  counted.  He  shall 
be  allowed  to  vote  for  candidates  for  nomination  on  the  ticket  of  only  one- 
party,  and  that  shall  be  the  party  with  which  he  is  registered  as  affiliated. 
The  endorsement  of  the  judges  of  election  and  the  county  clerk  shall  ap- 
pear upon  the  ballots  as  provided  by  law  for  general  elections.  The  voter 
shall  return  the  ballot  folded  to  one  of  the  judges  of  election,  who  shall 
deposit  it  in  the  ballot  box.     [Chapter  128,  Session  Laws,  1913.] 

Sec.  20.  In  voting  precincts  where  prior  registration  is  required  by 
law,  the  polls  shall  be  open  from  nine  o'clock  a.  m.  to  nine  o'clock  p.  m. 
and  in  all  other  precincts  from  nine  o'clock  a.  m.  to  seven  o'clock  p.  m. 
[Chapter  60,  Session  Laws,  1919.] 

Sec.  21.  Employees.  Any  person  entitled  to  vote  at  such  primary 
election  shall,  on  the  day  of  such  election,  be  entitled  to  absent  himself 
from  any  service  or  employment  in  which  he  is  then  engaged  or  employed 
for  a  period  of  one  hour,  other  than  meal  hours,  between  the  time  of  open- 
ing and  closing  the  polls ;  and  such  primary  elector  shall  not,  because  of 
so  absenting  himself  be  liable  to  any  penalty,  nor  shall  any  deduction  be 
made  on  account  of  such  absence  from  his  usual  salary  or  wages. 

Sec.  22.  Who  not  entitled  to  vote.  No  person  shall  be  entitled  to 
vote  at  a  primary  election:  (1)  Unless  he  declares  his  party  affiliation  as 
required  by  this  act.  (2)  Who  shall  have  signed  the  petition  for  nomina- 
tion of  a  candidate  of  any  party  with  which  he  does  not  affiliate,  when 
such  candidate  is  to  be  voted  for  at  the  primary  election.  (3)  Who  shall 
have  signed  the  nominating  papers  of  an  independent  candidate  for  any 
office  for  which  office  candidates  for  nomination  are  to  be  voted  for  at  such 
primary.  (4)  If  he  shall  have  voted  at  a  primary  election  held  under  this 
act  of  another  political  party  within  a  period  of  two  years  next  preceding 
such  primary  election,  except  under  the  conditions  of  this  act. 

Sec.  23.  Who  entitled  to  vote.  At  the  primary  election  first  held 
under  the  provisions  of  this  act,  any  person,  except  as  otherwise  herein 
provided,  shall  be  entitled  to  participate  therein  who  is  a  qualified  elector 
in  the  precinct  in  which  he  offers  to  vote,  and  each  voter  seeking  to  vote 
shall  indicate  the  party  ballot  he  desires,  and  one  of  the  judges  of  the  pri- 
mary election  board  shall  give  him  such  primary  ballot  (unless  chal- 
lenged, and  if  so  challenged,  then  only  when  the  challenge  is  determined 
in  favor  of  the  voter)  and  such  person  shall  thereupon  be  allowed  to  vote. 
The  voter's  election  shall  constitute  his  declaration  of  party  affiliation, 
and  it  shall  be  the  duty  of  the  primary  election  board  to  record  his  name 
and  check  his  declaration  of  party  affiliation  on  the  poll  books  used  by  the 
clerks  of  the  primary  election  board,  and  said  list  properly  certified  shall 
be  returned  to  the  county  clerk  of  the  proper  county  for  preservation. 
Copies  of  the  names  and  party  entries  on  such  lists,  together  with  the 
changes  of  party  affiliation  as  hereinafter  provided,  arranged  alphabet- 
ically by  surnames,  shall  be  used  at  subsequent  primaries  for  determining 
with  what  party  the  voter  has  enrolled,  and  no  voter  enrolled  under  the 
provisions  of  this  act  shall  be  allowed  to  receive  the  ballot  of  any  political 
party  except  that  with  which  he  is  enrolled,  and  he  may  change  his  enroll- 


60  ELECTION  LAWS  OF  WYOMING,  1920. 

ment  as  hereinafter  provided.  The  county  clerk  shall  prepare  for  each 
voting  precinct  two  of  the  above  mentioned  lists  duly  certified  by  him,  and 
taken  from  the  poll  books  of  the  last  preceding  primary  election,  which  he 
shall  deliver  to  the  next  succeeding  primary  election  board,  at  least  one 
day  prior  to  the  day  of  the  primary  election,  and  which  lists,  together 
with  the  poll  books  of  the  primary  election,  shall  be  returned  to  said 
county  clerk  in  good  condition  within  five  days  after  the  primary  election, 
to  be  preserved  by  him.  In  no  case  shall  the  fact  that  any  elector  has 
participated  in,  or  voted  at,  any  primary  election  excuse  such  elector  from 
complying  with  the  law  in  regard  to  registration  in  order  to  entitle  such 
elector  to  vote  at  the  next  succeeding  general  election ;  but,  in  order  to  be 
entitled  to  vote  at  the  next  general  election,  such  elector  shall  be  required 
to  register  in  the  same  manner  as  though  he  had  not  voted  at  the  primary 
election. 

Every  person  applying  to  vote  at  any  primary  election  in  this  state 
whose  name  does  not  appear  as  voting  at  the  last  preceding  general  elec- 
tion, shall,  before  voting,  take  and  subscribe  before  one  of  the  judges  of 
such  primary  election  an  oath  in  substance  as  follows: 

The  State  of  Wyoming, 
County  of 


ss 


I  do  solemnly  swear  (or  affirm)  that  I  am  a  citizen  of  the  United 
States ;  that  I  will  be  21  years  of  age  on  or  before  the  general  or  special 
election  day  next  ensuing;  that  I  will  have  actually,  and  not  construc- 
tively, been  a  bona  fide  resident  of  said  state  one  year,  and  of  said  county 
sixty  days  next  preceding  the  day  of  the  next  general  or  special  election ; 

that  I  am  an  actual  resident  of  polling  precinct  Number in  election 

district  Number ,  and  reside  at  house  Number , 

street,  in  the  town  (or  city)  of and  my  postoffice  address  is 

,  and  that  I  can  read  the  constitution  of  the  state  of  Wyo- 
ming in  the  English  language,  or  that  I  am  now  and  was  a  resident  and 
qualified  elector  of  this  state  on  July  10,  1890,  or  that  I  am  physically  dis- 
abled from  being  able  to  read  the  constitution;  that  my  weight  is , 

height  is ,  color  of  eyes  is ,  sex  is ,  place  of  birth 

is ,  SO  HELP  ME  GOD. 


Subscribed  in  my  presence  and  sworn  to  before  me  this, 
day  of - ,  A.  D 


[Chapter  128,  Session  Laws,  1913.] 


Sec.  24.  Change  of  aifiliation — First  voter — Removal.  Any  voter 
who  has  thus  declared  his  party  affiliations  shall  thereafter  be  listed  on 
the  poll  books  as  a  member  of  that  political  party,  and  such  person,  while. 
a  resident  of  the  same  voting  precinct  need  not  declare  his  party  affiliation 
at  succeeding  primary  elections  unless  he  desires  to  change  his  party 
affiliation,  any  elector  who,  having  declared  his  party  affiliation  desires  to 
change  the  same  may,  not  less  than  ten  days  prior  to  the  date  of  any  pri- 
mary election,  file  a  written  declaration  with  the  county  clerk  stating  his 
change  of  party  affiliation,  and  the  said  clerk  shall  enter  a  record  of  such 
change  on  the  poll  books  of  the  last  preceding  primary  election  in  the 
proper  column  opposite  tbe  voter's  name  and  on  the  voting  list.  Any  elec- 
tor whose  party  affiliation  has  for  any  reason  not'  been  registered,  or  any 


ELECTION  LAWS  OF  WYOMING,  1920.  61 


elector  who  has  changed  his  residence  to  another  precinct,  or  a  first  voter 
or  citizen  of  this  state  casting  his  first  vote  in  this  state  shall  be  entitled 
to  vote  at  any  subsequent  primary  election  in  the  same  manner  and  upon 
the  same  terms  as  provided  in  the  preceding  section  of  this  act,  and  the 
clerks  of  the  primary  election  shall  record  his  party  affiliation,  and  the 
county  clerk  shall  add  his  name  to  the  alphabetical  lists  for  use  in  subse- 
quent primary  elections  as  provided  in  the  preceding  section  of  this  act. 
From  such  lists  may  from  time  to  time  be  dropped  the  names  of  such  per- 
sons who  have  died  or  removed  from  the  precincts  on  the  list  of  which 
such  names  appear. 

Sec.  25.  Challenges — Affidavits.  Each  political  party  shall  be  en- 
titled to  have  two  party  challengers  present  at  each  polling  place.  Any 
judge  or  clerk  of  the  primary  election,  or  any  party  challenger,  or  any 
qualified  elector,  may  challenge  any  person  offering  to  vote,  on  the 
ground,  that  such  person  is  not  a  qualified  elector  of  such  precinct,  or  is 
not  entitled  to  vote  the  party  ticket  for  which  he  has  asked  or  intends  to 
vote,  or  that  he  is  disqualified  for  any  of  the  reasons  mentioned  in  this  act. 
Upon  such  challenge,  the  party  challenged,  before  he  shall  be  permitted  to 
.  vote,  shall  be  required  to  make  and  subscribe  substantially  the  following 
oath,  before  one  of  the  judges  of  election,  to-wit: 

"State  of  Wyoming,  County  of ,  ss. 

"I, ,  do  solemnly  swear  (or  affirm)  that  I  am  a  citizen  of 

the  United  States ;  that  I  will  be  on  the  date  of  the  next  ensuing  election 
in  November  under  the  laws  of  this  state,  qualified  to  vote  in  this  precinct ; 

that  I  now  reside  in precinct, district  No 

in county,  Wyoming,  and  that  I  am  a  member  of  and  affili- 
ated w^ith  the party;  that  I  have  not  voted  a  primary  of 

another  political  party  within  a  period  of  two  years  prior  to  this  date; 
that  I  have  not  signed  the  petition  for  nomination  of  a  candidate  of  a 
political  party  with  which  I  am  not  affiliated;  that  I  have  not  signed  the 
nominating  papers  of  an  independent  candidate  for  any  office  for  which 
office  candidates  for  nomination  are  voted  for  at  this  primary,  and  that 
I  intend  to  support,  generally,  the  candidate  of  the  party  whose  ticket 
I  now  seek  to  vote."  If  such  person  subscribes  and  takes  the  foregoing 
oath  he  shall  be  given  a  ticket'of  such  political  party,  unless  further  chal- 
lenged as  further  provided  in  this  section.  Any  elector  whose  party  affili- 
ation has  been  recorded  in  any  precinct  as  provided  in  this  act  and  who 
desires  to  change  his  party  affiliation  on  the  primary  election  day,  shall 
be  subject  to  challenge.  If  the  person  challenged  insists  that  he  is  entitled 
to  vote  the  ticket  of  the  poltical  party  the  ticket  of  which  he  then  asks 
and  the  challenge  is  not  withdraw^n,  one  of  the  judges  shall  tender  him 
the  following  oath:  "You  do  solemnly  swear  (or  affirm)  that  you  have  in 
good  faith  changed  your  party  affiliations  to  and  desire  to  be  a  member 

of  the party,"  and  if  he  takes  such  oath  he  shall  thereupon, 

if  otherwise  qualified,  be  given  a  ticket  of  such  political  party,  and  the 
clerks  of  the  primary  election  shall  make  or  change  his  enrollment  of 
party  affiliations  accordingly. 

Sec.  26.  Ballots  counted-rReturns.  Upon  the  closing  of  the  polls 
the  clerks  and  judges  of  the  primary  election  shall  immediately  open  the 
ballot  box  and  proceed  to  take  therefrom  the  ballots.  Said  officers  shall 
count  the  number  of  ballots  cast  for  each  party,  at  the  same  time  bunch- 
ing the  tickets  east  for  each  party  in  separate  piles.  As  soon  as  the  clerks 
and  judges  shall  have  sorted  the  ballots  of  each  party,  separately,  they 


62  ELECTION  LAWS  OF  WYOMING,  1920. 

shall  take  the  tally  sheets  provided  in  the  poll  books  and  shall  count  all 
the  ballots  for  each  party  separately  until  the  count  is  completed,  and 
shall  certify  to  the  number  of  votes  cast  for  each  candidate  for  each  office 
upon  the  ticket  of  each  party.  After  all  have  been  counted  and  certified 
to  by  the  clerks  and  judges,  they  shall  seal  the  ballots  cast  by  each  of  the 
parties  in  separate  envelopes,  on  the  outside  of  which  shall  be  printed  or 
written  the  names  of  that  party 's  candidates  for  the  different  offices,  and 
opposite  each  candidate's  name  shall  be  placed  the  number  of  votes  cast 
for  such  candidate  in  said  precinct,  and  then  seal  the  envelopes  containing 
the  votes  of  the  different  political  parties  in  one  large  envelope,  on  the 
outside  of  which  or  on  a  paper  attached  thereto,  shall  be  printed  or  writ- 
ten the  names  of  the  several  political  parties  with  the  names  of  the 
candidates  for  the  different  offices  under  their  respective  party  headings, 
and  opposite  each  candidate's  name  shall  be  placed  the  number  of  votes 
cast  for  such  candidate  in  said  precinct.  The  printed  ballots  used  at  such 
primary  election  may  be  used  for  such  purpose,  marked  so  as  to  indicate 
that  fact.  Such  envelopes  shall  be  returned  to  the  county  clerk.  Any 
elector  of  the  county  shall  have  the  right  before  the  date  of  canvassing 
the  returns,  to  ascertain  the  vote  cast  for  any  candidate  in  any  precinct 
in  the  county  as  shown  on  the  outside  of  the  envelope.  Said  judges  of 
election  in  the  manner  provided  by  the  general  election  laws  shall  deliver 
said  returns,  tally  sheets,  poll  books  and  certificates  to  said  county  clerk 
within  five  days  after  the  primary  election  has  closed ;  and  if  the  same  are 
not  so  delivered,  the  county  clerk  shall  immediately  send  a  messenger  for 
any  missing  returns,  and  said  messenger  shall  be  paid,  as  provided  by  law 
for  the  general  election.  The  judges  of  election  shall  retain  a  copy  of  the 
tally  sheets  showing  the  election  returns  thereon. 

Sec.  27.  Recount  of  ballots.  Any  candidate  whose  name  appears 
upon  the  official  primary  ballot  of  any  voting  precinct  may  require  the 
county  board  of  canvassers  of  the  county  in  which  such  precinct  is  sit- 
uated to  recount  the  ballots  cast  in  any  such  precinct  as  to  the  office  for 
which  he  was  a  candidate,  at  the  time  fixed  for  the  canvassing  of  the  re- 
turns of  the  judges  of  election,  by  filing  with  the  county  clerk,  not  later 
than  the  day  before  such  meeting,  an  affidavit  in  writing  showing  that 
fraud  was  committed,  or  error  or  mistake  made,  in  counting  or  returning 
the  votes  cast  in  any  such  precinct  as  to  the  office  for  which  he  was  a 
candidate.  If  such  affidavit  is  made,  said  board  shall  thereupon  recount 
the  ballots  cast  in  any  such  precinct  for  the  office  for  which  the  con- 
testant was  a  candidate,  and  if  the  result  reached  by  the  board  on  the  re- 
count of  the  ballots  as  to  such  office  be  different  from  that  returned  by 
the  judges  of  election,  it  shall  be  substituted  therefor  as  the  true  and  cor- 
rect return  and  so  regarded  in  all  subsequent  proceedings.  The  action 
of  the  board,  upon  taking  such  recount,  shall  be  final,  and  no  other  con- 
test shall  be  permitted.  The  term  candidate  as  used  in  this  section  shall 
include  party  committeemen. 

Sec.  28.  Canvass  of  returns  in  county.  The  county  board  of  canvas- 
sers shall  consist  of  the  county  clerk  and  two  justices  of  the  peace  of  the 
county,  called  in  by  said  clerk,  which  justices  of  the  peace  shall  be  of  dif- 
ferent political  parties,  if  practicable.  Said  board  shall  meet  on  the  Tues- 
day next  after  each  primary  election,  and  proceed  to  open  the  returns  and 
make  abstracts  of  the  votes,  stating  the  number  of  ballots  cast  in  the 
county  by  each  political  party,  separately,  for  each  office,  the  name  of  each 
person  voted  for,  and  the  number  of  'Votes  given  to  each  person  for  each 


ELECTION  LAWS  OF  WYOMING,  1920.  63 

different  office,  and  shall  certify  the  same  and  file  the  same  in  the  office  of 
the  county  clerk.  The  candidates  of  each  political  party  for  each  office  or 
position  to  be  filled  by  the  voters  of  the  county  or  any  subdivision  therein, 
having  received  the  highest  number  of  votes,  shall  be  the  duly  and  legally 
nominated  candidates  of  his  party  for  such  office ;  or  if  more  than  one  per- 
son is  to  be  nominated  for  any  office,  then  the  persons  equal  in  number  to 
the  number  of  offices  to  be  filled  receiving  the  highest  number  of  votes 
shall  be  the  nominees  of  such  political  party  for  such  office,  and  each  can- 
didate so  nominated  shall  be  entitled  to  have  his  name  printed  on  the 
official  ballot  to  be  voted  for  at  the  general  election  without  other  cer- 
tificates. 

Sec.  29.  Abstract  to  secretary  of  state.  The  county  ][?oard  of  can- 
vassers shall  also  make  a  separate  abstract  of  the  canvass  as  to  the  follow- 
ing offices  and  certify  the  same  and  forthwith  forward  it  to  the  secretary 
of  state,  to-wit :  Senator  in  the  congress  of  the  United  States,  representa- 
tive in  congress,  all  state  officers,  and  judges  of  the  supreme  and  district 
courts. 

Sec.  30.  Canvass  by  state  board.  On  the  second  Monday  after  the 
said  primary  election,  the  secretary,  auditor  and  treasurer  of  the  state 
shall  meet  as  a  canvassing,  board,  and  open  and  canvass  the  abstract  re- 
turns received  from  each  county  in  the  state.  If  returns  are  not  received 
from  all  the  counties,  the  secretary  of  state  shall  immediately  send  a  mes- 
senger after  the  abstract  returns  and  the  board  may  adjourn  from  day  to 
day  until  they  are  received.  The  board  shall  make  an  abstract  of  its  can- 
vass, stating  in  words  written,  at  length,  the  number  of  ballots  cast  by 
such  political  party,  separately,  for  each  office  designated  in  the  preced- 
ing section,  the  names  of  all  persons  voted  for,  and  the  number  of  votes 
received  by  each  person  for  such  office,  and  shall  sign  and  certify  thereto. 
The  candidate  of  each  political  party  for  each  office  to  be  filled  by  vote  of 
the  people,  having  received  the  highest  number  of  votes  in  the  state  or 
district  of  the  state,  as  the  case  may  be,  of  all  the  votes  cast  by  the  party 
for  such  office,  shall  be  duly  and  legally  nominated  as  the  candidate  of  his 
party  for  suph  office  and  entitled  to  have  his  name  printed  on  the  official 
ballot  to  be  voted  at  the  general  election  without  other  certificate. 

The  candidate  of  any  party  for  the  office  of  senator  in  the  congress  of 
the  United  States  having  at  any  primary  election  received  the  highest- 
number  of  votes  of  his  party  in  the  state,  shall  be  the  nominee  of  his  party 
for  such  office  and  shall  be  entitled  to  have  his  name  printed  on  the  official 
ballots  to  be  voted  at  the  next  ensuing  general  election  without  other  cer- 
tificate.    [Chapter  128,  Session  Laws,  1913.] 

Sec.  31.  Certificate  to  counties.  When  the  canvass  is  concluded,  the 
board  shall  deliver  the  original  abstract  returns  to  the  secretary  of  state, 
who  shall  file  the  same  in  his  office,  and  record  the  abstract  of  the  canvass 
of  the  state  board  and  certificates  thereto  attached  in  a  book  kept  by  him 
known  as  the  election  book ;  and  not  less  than  twenty  days  before  the  gen- 
eral election  he  shall  certify  to  the  clerk  of  each  county,  under  separate 
cover  party  headings,  the  name  of  each  person  nominated  as  shown  by  the 
official  canvass  made  by  the  state  canvassing  board,  or  as  certified  to  him 
by  the  proper  persons  when  any  person  has  been  nominated  by  a  conven- 
tion or  party  committee,  his  place  of  residence,  the  office  for  which  he  was 
nominated,  and  the  order  in  which  the  tickets  of  the  several  political 
parties  shall  appear  on  the  official  ballot.  Should  a  vacancy  in  the  nomi- 
nation occur  and  be  filled  after  such  certificate  has  been  forwarded,  a  like 


64  ELECTION  LAWS  OF  WYOMING,  1920. 

certificate  shall  at  once  be  made  and  sent  to  the  proper  officer  togctlicr 
with  a  statement  showing  the  reason  for  its  subsequent  issue. 

Sec.  32.  Tie  vote.  In  case  of  a  tie  vote  resulting  in  no  nomination 
for  any  office,  the  tie  shall  forthwith  be  determined  by  lot  by  the  judges  of 
election,  or  board  of  canvassers,  as  the  case  may  be. 

Sec.  34..  Errors  remedied  by  judge.  Whenever  it  shall  appear  by 
affidavit  or  otherwise  to  any  judge  of  the  district  court  of  the  county, 
that  any  error  or  omission  has  occurred,  or  is  about  to  occur  in  the  print- 
ing of  the  name  of  any  candidate  on  official  ballots,  or  that  any  error  has 
been  or  is  about  to  be  committed  in  printing  the  ballots,  or  that  the  name 
of  any  person  has,  been  or  is  about  to  be  wrongfully  placed  upon  such 
ballots,  or  that  any"  wrongful  act  has  been  performed  or  is  about  to  be 
performed  by  any  judge  or  clerk  of  the  primary  election,  the  county  clerk, 
canvassing  board  or  any  member  thereof,  or  by  any  person  charged  with 
any  duty  under  this  act,  or  that  any  neglect  of  duty  by  any  of  the  persons 
aforesaid,  has  occurred  or  is  about  to  occur,  such  judge  shall,  by  or^er, 
require  the  officer  or  person  or  persons  charged  with  the  error,  wrongful 
act,  or  neglect,  to  forthwith  correct  the  error,  desist  from  the  wrongful 
act,  or  perform  the  duty,  and  to  do  as  the  court  or  judge  shall  order,  or 
to  show  cause  forthwith  why  such  error  should  not  be  corrected,  wrongful 
act  desisted  from,  or  such  duty  or  order  not  performed.  Failing  to  obey 
the  order  of  such  court  or  judge  shall  be  contempt. 

Sec.  35.  Vacancies.  Should  any  vacancy  occur  or  exist  in  any  of 
the  offices  or  positions  for  which  nominations  are  made  under  this  act,  by 
reason  of  resignation,  death  or  other  cause,  where  there  is  only  one  or  no 
aspirant  for  such  office  or  position,  before  the  printing  of  the  primary 
election  ballots,  such  vacancy  may  be  filled  by  the  regularly  constituted 
committee  of  the  party  to  which  such  vacancy  belongs,  and  no  petition 
shall  be  required ;  Provided,  That  this  section  shall  not  apply  to  the  office 
of  senator  in  the  congress  of  the  United  States. 

Sec.  36.  Party  committees.  (1)  County  Committee — At  the  primary 
election  held  in  the  year  1912  and  biennially  thereafter,  there  shall  be 
elected  a  committeeman  for  each  election  precinct,  who  shall  be  a  resi- 
dent of  such  precinct,  provided  each  ward  in  a  city  shall  be  entitled  to  at 
least  two  such  committeemen.  The  person  (or  persons  if  more  than  one  is 
to  be  elected)  receiving  the  highest  number  of  votes,  shall  be  such  com- 
mitteeman of  such  party  for  such  precinct.  In  case  of  a  tie  the  primary 
election  judges  shall  cast  lots.  The  official  returns  of  the  primary  election 
judges  shall  show  the  name  and  address  of  the  committeeman  of  each 
political  party.  The  county  central  committee  of  each  political  party  shall 
consist  of  the  members  of  the  various  precinct  committeemen  of  such 
party  in  such  county.  Those  committeemen  who  reside  within  the  limits 
of  any  incorporated  city  or  town  shall  constitute  ex  officio  the  city  central 
committee  of  each  of  said  respective  political  parties,  and  shall  have  the 
same  powers  and  jurisdiction  as  to  the  business  of  their  several  parties  in 
such  city  matters  that  the  county  committee  has  in  county  matters,  save 
only  the  power  to  fill  vacancies  in  said  committee,  which  power  is  vested 
in  the  county  central  committee.  In  case  of  a  vacancy  happening  on  ac- 
count of  death,  resignation,  removal  from  precinct  or  otherwise,  the  re- 
maining members  of  said  county  central  committee  may  elect  a  commit- 
teeman to  fill  the  vacancy,  and  he  shall  be  a  resident  of  the  precinct  in 
which  the  vacancy  occurred.    Such  committee  shall  also  have  the  power 


ELECTION  LAWS  OF  WYOMING,  1920.  65 

to  fill  any  vacancy  occurring  in  the  position  of  state  committeeman  from 
such  county.  The  said  county  committee  shall  at  its  first  meeting,  if 
possible,  elect  a  member  of  the  state  committee. 

(2)  State  Committee — The  state  committee  shall  be  composed  of  one 
member  from  each  county,  elected  as  aforesaid. 

(3)  Judicial  Committee — The  members  of  the  state  committee  resid- 
ing within  the  limits  of  a  judicial  district  shall  be  and  constitute,  ex  officio 
the  judicial  committee  of  such  judicial  district. 

Sec.  37.  Powers  ajid  duties  of  committees.  The  said  committees  shall 
meet  and  organize  by  electing  a  chairman  and  secretary  within  five  d^ys, 
if  possible,  after  the  candidates  of  their  respective  political  parties  shall 
have  been  declared  nominated  by  the  proper  canvassing  board.  The  out- 
going chairman  of  the  respective  committees  shall  fix  the  time  and  place 
for  such  meeting,  and  deposit  notice  thereof  in  the  office  of  the  county 
clerk  of  the  proper  counties  or  county  not  later  than  the  day  following 
such  primary  election.  Each  committeeman  shall  hold  his  position  for  the 
term  of  two  years  from  the  date  of  the  first  meeting  of  his  committee, 
immediately  succeeding  their  election,  except  committeemen  filling  vacan- 
cies, who  shall  only  hold  for  the  unexpired  term.  Said  state,  judicial 
and  county  and  city  central  committees  respectively,  shall  have  the  power 
to  make  nominations  to  fill  vacancies  occurring  among  the  candidates  of 
their  respective  parties  nominated  within  the  territory  over  which  they, 
respectively,  have  jurisdiction,  by  the  primary  nominating  elections ;  but 
the  foregoing  provisions  shall  not  apply  to  the  office  of  senator  in  the  con- 
gress of  the  United  States.  In  filling  vacancies  aforesaid,  certificates  shall 
be  filed,  stating  the  name,  place  of  residence  and  postoffice  address  of  the 
person  nominated,  the  office  for  which  he  is  nominated,  and  the  name  of 
the  political  party  making  the  nomination,  and  shall  be  sworn  to  by  the 
chairman  and  secretary  of  the  committee,  or  persons  acting  in  their  stead, 
showing  that  such  nominee  is  the  choice  of  the  committee.  Each  commit- 
tee may  elect  managing  or  executive  committees  and  authorize  such  sub- 
committee to  exercise  any  and  all  powers  conferred  upon  whole  commit- 
tees by  law,  and  exercise  such  further  powers,  and  make  such  rules,  not 
inconsistent  with  this  act,  as  are  usually  exercised  and  made  by  such 
committees. 

Sec.  38.  Present  committees.  The  various  political  committees  now 
in  existence  are  hereby  recognized,  and  they  and  their  officers,  shall  ex- 
ercise the  powers  and  perform  the  duties  herein  prescribed  until  commit- 
teemen are  chosen  in  accordance  with  the  provisions  of  this  act. 

Sec.  39.  County  convention.  On  the  first  Tuesday  in  May  of  each 
year  in  which  electors  of  president  and  vice  president  are  to  be  elected, 
the  county  central  committee  of  each  political  party  shall  meet  at  the 
county  seat  of  the  proper  county.  Such  meeting  shall  be  known  as  the 
county  convention.  Said  county  convention  shall  choose  delegates  to  the 
state  convention  of  its  party  to  be  held  as  hereinafter  provided,  in  number 
as  apportioned  by  the  state  committee. 

Sec.  40.  State  convention.  On  the  second  Monday  in  May  of  each 
year  in  which  electors  for  president  and  vice  president  are  to  be  elected, 
there  shall  be  held  a  state  convention  of  each  political  party,  the  members 
of  which  shall  be  composed  of  the  delegates  chosen  as  prescribed  in  the 


66  ELECTION  LAWS  OF  WYOMING,  1920. 

preceding  section,  or  their  proxies.  Said  state  convention  shall  have 
power  to  make  nominations  of  candidates  for  the  electors  of  president 
and  vice  president  of  the  United  States,  to  adopt  any  party  platform,  and 
to  choose  and  select  in  accordance  with  the  rules  and  regulations  of  its 
party,  delegates  and  alternate  delegates  to  national  nominating  conven- 
tions, and  perform  such  other  functions  inherer^;  in  such  political  organi- 
zations, not  inconsistent  with  this  act.  'Phe  nominations  for  such  electors 
so  made  shall  be  certified  to  the  secretary  of  state  by  the  officers  of  such 
convention. 

Sec.  41.  Call  for  state  convention.  At  least  twenty  days  before  the 
holding  of  such  state  convention  the  state  committee  respectively  of  each 
political  party  shall  file  in  the  office  of  the  county  clerk  of  each  county,  a 
call  for  such  state  convention,  the  total  number  of  delegates  which  shall 
compose  said  convention,  and  the  number  of  delegates  to  which  each 
county  is  entitled  in  the  state  convention,  and  the  ratio  of  apportionment 
made,  Avhich  shall  be  as  nearly  just  as  possible. 

Sec.  42.  Same  subject;  Delegates  to  state  conventions  of  political 
parties  shall  be  chosen,  state  conventions  of  political  parties  shall  be  held, 
and  nominations  by  political  parties  for  electors  of  president  and  vice 
president  of  the  United  States,  shall  be  made  as  provided  in  this  act  and 
not  otherwise. 

Sec.  43.  Election  laws.  The  secretary  of  state  shall  provide  copies 
of  this  law,  in  conjunction  with  the  general  election  laws  of  this  state, 
and  transmit  the  same  to  the  county  clerk  of  each  county,  at  least  twenty 
days  before  any  such  direct  primary  election  herein  provided,  and  the 
same  shall  be  in  lieu  of  any  such  copies  of  said  general  election  laws 
required  to  be  transmitted  to  county  clerks  by  the  secretary  of  state  for 
use  in  such  counties. 

Sec.  44.  Meaning  of  political  party.  The  title  or  term  "political 
party"  shall  mean  a  party  which  at  the  last  preceding  general  election 
cast  for  its  candidate  for  representative  in  congress  at  least  ten  per  cent 
of  the  total  vote  cast  at  said  election. 

Sec.  45.  Nomination  by  other  parties.  Any  political  organization 
which  at  the  general  election  last  preceding  any  primary  election  cast 
less  than  ten  per  cent  of  the  total  votes  cast  for  representative  in  con- 
gress, may  nominate  candidates  in  the  manner  provided  by  existing  laws 
for  conventions.  Provided,  however.  That  all  such  conventions  must  be 
held  upon  the  same  days  as  the  primary  elections  herein  provided  for. 

Sec.  46.  Nominations  by. petition.  Nothing  contained  in  this  act 
shall  be  construed  so  as  to  prohibit  nominations  of  candidates  for  office 
by  petitions  as  now  authorized  by  law,  but  no  person  so  nominated  shall 
be  permitted  to  use  the  name  of  any  political  party,  authorized  or  entitled 
under  this  act  to  nominate  a  ticket  by  primary  vote,  or  that  has  nominated 
a  ticket  by  primary  vote  under  the  provisions  of  this  act. 

NOTE — See  Sec.   6,   Chapter  160,   Session  Laws,    1915,  Page  65  of  this  pamphlet. 

Sec.  47.  Applicable  to  certain  cities.  The  provisions  of  this  act  shall, 
as  far  as  applicable,  govern  the  nominations  of  candidates  by  political 
parties  for  all  offices  to  be  filled  by  direct  vote  of  the  peoples  in  towns  and 
cities  having  a  population  of  six  thousand  inhabitants  or  more,  but  none 
other.  The  duties  devolving  upon  the  county  clerk  by  the  foregoing  pro- 
visions of  this  act,  shall  in  municipal  elections  devolve  upon  the  city 


ELECTION  LAWS  OF  WYOMING,  1920.  67 

clerk,  and  the  duties  devolving  upon  the  board  of  county  commissioners 
and  county  board  of  canvassers  by  the  foregoing  provisions  of  this  act, 
shall  devolve  upon  the  city  council,  but  when  city  officers  are  elected  at 
the  same  time  as  county  officers,  then  the  provisions  of  this  act  shall  apply 
as  therein  mentioned.  In  all  towns  and  cities  to  which  this  act  is  ap- 
plicable in  which,  under  the  law,  the  election  is  held  at  times  other  than 
the  first  Tuesday  after  the  first  Monday  in  November,  then  the  primary 
election  shall  be  held  three  weeks  prior  to  the  town  or  city  election.  The 
expenses  of  town  or  city  primaries  shall  be  paid  by  the  town  or  city. 
Provided,  however.  That  this  act  shall  not  apply  to  towns  or  cities  which 
may  hereafter  adopt  a  plan  of  government,  commonly  called  the  com- 
mission form  of  government.     [Chapter  128,  Session  Laws,  1913.] 

Sec.  48.  Special  elections.  This  act  shall  not  apply,  to  special  elec- 
tions to  fill  vacancies  except  that  the  party  committees  herein  provided 
for  shall  be  and  constitute  the  party  committees  at  all  times  hereafter. 

Sec.  49.  Definition  of  terms.  The  term  ''primary  election"  as  used 
in  this  act,  shall  be  construed  to  apply  to  an  election  by  the  members  of 
the  various  political  parties  for  the  purpose  of  placing  in  nomination 
candidates  for  public  office,  and  'for  the  seleceion  of  party  committeemen. 
The  term  ''primary"  shall  mean  primary  election;  the  term  "election," 
unless  the  context  indicates  otherwise,  shall  mean  a  general  election  at 
which  officers  are  elected;  the  term  "city"  shall  include  town,  and  vice 
versa;  whenever  the  masculine  pronoun  is  used  in  this  act,  it  shall  be 
construed  to  include  the  feminine;  the  term  "committeeman"  shall  be 
included  in  the  term  "position."  It  shall  only  be  necessary  for  a  voter  to 
state  that  he  is  twenty-one  years  of  age  to  any  question  in  relation  to  age. 

Sec.  50.  Liberal  construction.  This  act  shall  be  construed  liberally, 
so  as  to  insure  full  opportunity  to  become  candidates  and  for  voters  to 
express  their  choice. 

Sec.  51.  Misconduct.  Any  party  committeeman  or  any  primary  elec- 
tor or  other  public  officer,  or  any  other  person,  upon  whom  a  duty  is  im- 
posed by  this  act,  who  shall  wilfully  neglect  to  perform  any  such  duty, 
or  who  shall  wilfully  perform  it  in  any  such  way  as  to  hinder  the  object 
thereof,  or  shall  disclose  to  any  one,  except  as  may  be  ordered  by  any 
court  or  judge,  the  contents  of  any  ballot  or  any  part  thereof,  or  whoever 
shall  commit  any  act  prohibited  herein,  shall  be  punished  by  a  fine  of  not 
less  than  one  hundred  dollars,  nor  more  than  one  thousand  dollars,  or  by 
imprisonment  in  the  county  jail  not  to  exceed  one  year,  or  by  both  such 
fine  and  imprisonment. 

Sec.  52.  Bribery — Illegal  voting.  Any  person  offering  or  giving  a 
bribe,  either  in  money  or  other  consideration,  to  any  elector  for  the  pur- 
pose of  influencing  his  vote  at  a  primary  election,  or  any  elector  entitled 
to  vote  at  such  primary  election  receiving  and  accepting  such,  bribe ;  any 
person  making  any  false  answer  to  any  of  the  provisions  of  this  act  rela- 
tive to  his  qualifications  and  party  affiliations,  or  make  or  subscribe  any 
false  affidavit  in  reference  thereto ;  any  person  wilfully  voting  or  offering 
to  vote  at  a  primary  election,  who  is  not  a  qualified  elector  of  the  precinct 
where  he  offers  to  vote  or  votes,  any  person  violating  any  of  the  pro- 
visions of  this  act,  or  any  of  the  provisions  of  the  law  as  may  be  hereto 
applied,  and  any  person  knowing,  procuring,  aiding  or  abetting  such  vio- 
lation, shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction 


68  ELECTION  LAWS  OF  WYOMING,  1920. 

shall  be  fined  not  less  than  one  hundred  dollars,  nor  more  than  one  thou- 
sand dollars,  or  be  imprisoned  in  the  county  jail  not  to  exceed  one  year. 

See  Dillman  v.  State,  20  Wyo.  404-442,  for  construction  of  several  sections  of  the  primary 
election  law. 

RELATING  TO  PRIMARY  ELECTIONS. 
Chapter  160,  Session  Laws,  1915. 

(For  Sections  1,  2,  3  and  4  of  this  chapter,  see  Sections  3,  4,  10  and  11 
of  the  Direct  Primary  Law,  above.) 

Sec.  5.  Repeal.  That  Sections  5,  6,  9  and  33  of  Chapter  23  of  the 
Session  Laws  of  1911,  as  amended  and  re-enacted  by  Chapter  128  of  the 
Session  Laws  of  Wyoming  of  1913,  and  all  other  acts  and  parts  of  acts  in 
conflict  herewith 'are  hereby  expressly  repealed. 

Sec.  6.  Persons  disqualified  from  nomination  by  petition.  Any  per- 
son-who  is  a  candidate  for  any  office  at  a  primary  election  and  fails  of 
nomination  in  said  primary  election  is  thereby  disqualified  from  being  a 
candidate  by  petition  or  otherwise  for  any  office  at  the  general  election 
next  ensuing.  And  Provided  further.  That  any  citizen  who  is  nominated 
by  having  his  name  written  in  and  who  accepts  said  nomination  shall  pay 
the  same  fee  as  mentioned  in  Section  1. 

NON-PARTISAN  JUDICIARY. 

(Chapter  74,  Session  Laws,  1915.) 
Partially  repealed  by  Sec.  6,  Ch.  59,  S.  L.  1917. 

Section  1.  Separate  primary  ballot.  The  judges  of  the  supreme  court 
of  the  state  of  Wyoming,  and  judges  of  the  district  courts  shall  hereafter 
be  nominated  regardless  of  political  affiliations.  Separate  ballots  shall  be 
provided  at  the  general  primary  election  for  the  nomination  of  candi- 
dates for  those  officesi  Such  ballot  shall  be  headed  "Judicial  Ballot,'' 
and  upon  it  shall  be  printed,  without  any  party  designation,  the  names  of 
all  candidates  who  have  complied  with  the  conditions  hereinafter  stated. 

Sec.  2.  Petition  and  affidavit — Fee.  Any  person  desiring  to -become 
a  candidate  for  judge  of  the  supreme  court,  or  for  judge  of  the  district 
courts,  may,  within  not  more  than  sixty  days  nor  less  than  forty  days 
preceding  the  primary  election,  file  with  the  secretary  of  state  a  statement 
in  substantially  the  following  form,  to-wit : 

PETITION  AND  AFFIDAVIT  OF _ 

CANDIDATE   FOR JUDGE. 

State  of  Wyoming, 


County  of. 

I, ,  being  first  duly  sworn, 

say  that  I  reside  at -,  in  the  city  of 

,   in  the   county   of , 

in  the  state  of  Wyoming;  that  I  am  a  qualified  voter  of  said  state;  that 
I  am  eligible  to  be  elected  to  the  office  to  which  I  aspire;  that  I  am  a 

candidate  for  the  nomination  for  the  office  of 

to  be  voted  upon  at  the  primary  election  to  be  held  on  the 

day  of ,  19 ,  and  I  hereby  request  that  my 

name  be  printed  upon  the  official  primary  ballot  for  the  nomination  at 

such  primary  election,  for  the  office  of 

Subscribed  and  sworn  to  before  me  by  the  said 

this day  of. ,  A.  D.  19 


ELECTION  LAWS  OF  WYOMING,  1920.  69 

Such  petition  and  affidavit  shall  be  accompanied  by  a  fee  of  twenty- 
five  dollars  ($25.00)  and  no  further  requisite  shall  be  necessary  for  such 
person  to  have  their  names  printed  on  the  primary  judicial  ballot.  The 
fees  so  received  by  the  secretary  of  state  shall  be  prorated  among  the 
several  counties  wherein  such  candidates  are  voted  for  and  remitted  to 
the  county  clerk  of  such  counties. 

Sec.  3.  Form  of  ballot.  Notwithstanding  any  more  general  law  re- 
specting primary  elections  in  force  in  the  state,  the  official  ballot,  to  be 
prepared  and  used  at  such  primary,  when  relating  to  judicial  officers, 
shall  simply  place  the  names  of  all  candidates  for  judicial  offices  upon  the 
primary  ballot  without  any  political  designation,  the  names  to  be  ar- 
ranged as  hereinafter  stated,  and  said  judicial  ballot  to  be  used  at  such 
primary  shall  be  substantially  in  the  following  form,  to-wit: 

OFFICIAL  PRIMARY  JUDICIAL  BALLOT. 

Mark  with  a  cross  (X)  in  the  square  at  the  right  of  the  name  of  the 
candidate  for  whom  you  desire  to  vote. 


For  Justice  of  the  Supreme  Court 

(Vote  for  One) 
John  Doe 

John  Doe 

For  Judge  of  the  District 

(Vote  for  One) 
John  Doe 

Court Judicial  [District] 

John  Doe- 

In  printing  the  aforesaid  ballot,  the  names  shall  not  be  arranged  al- 
phabetically, but  shall  be  rotated  according  to  the  following  plan,  to-wit : 

The  form  shall  be  set  up  by  the  printer  with  the  names  in  the  order 
in  which  they  are  placed  on  the  ballot  by  the  county  clerk  or  other  of- 
ficials, whose  duty  it  shall  be  to  have  the  ballot  prepared,  and  in  printing 
the  ballot  for  the  various  election  districts  or  precincts,  the  position  of  the 
name  in  each  office  division  shall  be  changed  for  each  election  district  or 
precinct.  In  making  the  change  of  position,  the  printer  shall  take  the  line 
of  type  containing  the  name  at  the  head  of  the  form  in  such  office  division, 
and  for  each  election  district  or  precinct,  and  place  it  at  the  bottom,  shov- 
ing up  the  column  so  that  the  name  in  each  office  division  for  each  election 
district  or  precinct  that  was  second  before  the  change  shall  be  first  after 
the  change. 

Sec.  4.  Manner  of  voting.  It  shall  be  the  duty  of  the  election  boards 
in  the  various  election  districts  and  precincts  in  the  state  of  Wyoming,  to 
deliver  one  of  the  aforesaid  ballots  to  each  qualified  elector  along  with  the 
regular  official  primary  ballot,  when  said  elector  presents  himself  to  vote 
at  said  primary  election.  After  receiving  such  ballot  from  the  election 
officials  endorsed  as  by  law  provided,  the  voter  shall  mark  and  cast  such 
ballot.  The  general  laws  of  this  state  relating  to  the  assistance  of  voters 
marking  said  ballots  and  the  canvassing  of  the  same,  declaring  the  result, 
and  certifying  said  results  to  the  proper  officials  shall  apply :  that  is,  the 
general  primary  laws  of  the  state,  except  insofar  as  the  same  have  been 
modified  and  changed  by  the  provisions  of  this  act,  shall  govern  and 
control. 

Sec.  5.  General  election  ballot.  After  said  primary  election,  held  as 
aforesaid,  the  county  clerk  or  other  official  whose  duty  it  is  to  prepare  the 


70  ELECTION  LAWS  OF  WYOMING,  1920. 

official  ballot  for  the  general  election  to  be  held  in  this  state,  shall  pre- 
pare a  separate  ballot  similar  and  substantially  in  the  same  general  form 
and  the  names  rotated  on  said  ballot  as  hereinbefore  provided  for  in  this 
act  for  the  nomination  of  judicial  officers  at  the  primary  election;  and  the 
two  candidates  receiving  the  highest  number  of  votes  at  the  primary  elec- 
tion shall  be  entitled  to  have  their  names  printed  on  the  official  ballot  at 
the  general  election.  The  candidate  receiving  the  highest  number  of  votes 
at  said  general  election  shall  be  declared  duly  elected  to  the  office  for 
which  said  person  was  a  candidate.  In  all  other  respects  the  procedure 
for  the  nomination  and  the  election  to  the  offices  herein  referred  to,  shall 
be  regulated  by  the  provisions  of  the  statutes  relating  to  {Primary  and 
general  elections  in  force  in  this  state,  so  far  ^s  they  are  applicable. 

Sec.  6.  All  acts  and  parts  of  acts  in  conflict  with  the  provisions  of 
this  act  are  hereby  expressly  repealed. 

NON-PARTISAN   ELECTION   OF   COUNTY   SUPERINTENDENTS. 
(Chapter  59,  Session  Laws,  1917.) 

Section  1.  The  county  superintendent  of  schools  shall  hereafter  be 
nominated  and  elected  regardless  of  political  affiliations. 

Sec.  2.  Petition  and  affidavit — Fee.  Any  person  desiring  to  become  a 
candidate  for  county  superintendent  of  schools  may,  within  not  more  than 
sixty  nor  less  than  twenty  days  preceding  a  primary  election,  file  with  the 
county  clerk  of  the  county  in  which  such  person  resides,  a  statement  in 
substantially  the  following  form,  to^-wit : 

PETITION  AND  AFFIDAVIT  OF ,  CANDIDATE 

FOR  COUNTY  SUPERINTENDENT  OF  SCHOOLS 

State  of  Wyoming, 

County  of 


I, ,  being  first  duly  sworn,  say  that  I 

reside  at ,  in  the  city  of ,  in  the  county 

of ,  in  the  state  of  Wyoming;  that  I  am  a  qualified  voter 

of  said  state  and  said  county ;  that  I  am  eligible  to  be  elected  to  the  office 
to  which  I  aspire ;  that  I  am  a  candidate  for  the  nomination  for  the  office 
of  county  superintendent  of  schools  to  be  voted  upon  at  the  primary  elec- 
tion to  be  held  on  the day  of ,  19 ;  that  I  hereby 

request  that  my  name  be  printed  upon  the  official  ballot  for  the  nomination 
at  such  primary  election  for  the  office  of  county  superintendent  of  schools. 


Subscribed  and  sworn  to  before  me  by  the  said 

this day  of ,  A.  D.  19 

Such  petition  and  affidavit  shall  be  accompanied  by  a  fee  of  ten  dol- 
lars ($10.00),  to  be  paid  into  the  county  treasury  of  said  county,  and  no 
further  requisite  shall  be  necessary  for  such  person  to  have  his  name 
printed  on  the  nonpartisan  primary  ballot. 

Sec.  3.  Ballots.  Notwithstanding  any  more  general  law  respecting 
primary  elections  in  force  in  the  state,  the  official  ballot  to  be  prepared 
and  used  at  such  primary,  when  relating  to  county  superintendent  of 
schools  or  other  nonpartisan  officers,  shall  simply  place  the  names  of  all 
candidates  for  judicial  offices  and  county  superintendent  of  schools  upon 
the  primary  ballot  without  any  political  designation ;  the  names  to  be  ar- 
ranged as  hereinafter  stated,  the  said  ballot  to  be  a  separate  ballot  from 


ELECTION  LAWS  OF  WYOMING,  1920.  71 

the  party  ballots  used  at  the  primary  election,  and  said  nonpartisan  bal- 
lots to  have  separate  columns  for  judicial  offices  and  for  county  superin- 
tendent of  schools:  the  heading  of  the  column  to  indicate  whether  the 
column  is  for  the  school  officers  mentioned  or  for  judicial  officers.  The 
form  of  such  ballot  shall  be  the  same  as  prescribed  for  nonpartisan  elec- 
tion of  judges,  in  Section  3  of  Chapter  74  of  the  Session  Laws  of  1915, 
and  the  names  of  said  nominees  for  the  said  school  offices  shall  be  ar- 
ranged the  same  as  provided  in  said  Section  3  of  Chapter  74  of  the  Session 
Laws  of  1915,  for  the  arrangement  of  names  for  the  judicial  offices. 

Sec.  4.  Voters  not  required  to  declare  party  aiRliation.  At  said  pri- 
mary election  for  county  superintendent  of  schools  or  for  judicial  officers, 
any  qualified  elector  of  the  precinct  shall  be  permitted  to  vote  for  the 
nomination  of  non-partisan  officers  without  being  required  to  state  any 
party  affiliation,  and  the  provisions  of  Chapter  23  of  the  Session  Laws  of 
1911  and  any  and  all  amendments  thereto  that  require  an  elector  to  state 
his  party  affiliation  when  voting  at  a  primary,  shall  not  apply  to  those 
electors  who  vote  only  the  non-partisan  ballot. 

Any  elector  offering  to  vote  at  such  primary  election  for  non-partisan 
officers  only  shall,  unless  he  has  been  recorded  as  voting  at  the  last  preced- 
ing general  primary  election,  be  required  to  take  the  oath  contained  in 
Section  4  of  Chapter  128  of  the  Session  Laws  of  1913.  And  any  such 
elector  offering  to  vote  for  non-partisan  officers  only  and  not  offering  to 
vote  a  party  ticket,  shall  be  registered  by  the  judges  of  election  in  the 
poll  book  under  a  separate  column  headed  ^'Non-Partisan." 

The  method  of  voting  and  of  accounting  and  certifying  the  returns 
shall  in  all  respects  be  governed  by  the  provisions  of  Chapter  74  of  the 
Session  Laws  of  1915  relative  to  the  nomination  of  non-partisan  judges, 
except  insofar  as  the  same  may  be  modified  or  changed  by  this  act. 

Sec.  5.  Ballots  for  general  election.  After  said  primary  election  held 
as  aforesaid,  the  county  clerk  or  other  official  whose  duty  it  is  to  prepare 
the  official  ballot  for  the  general  election  to  be  held  in  this  state,  shall  pre- 
pare a  separate  ballot  similar  and  substantially  in  the  same  general  form, 
and  the  names  rotated  on  said  ballot  as  herein  provided  for  the  nomina- 
tion of  said  school  officers  at  the  primary  election,  and  as  provided  in 
Chapter  74,  Session  Laws  of  1915,  for  the  nomination  of  judicial  officers ; 
and  the  two  candidates  receiving  the  highest  number  of  votes  at  the  pri- 
mary election  for  each  of  said  offices  shall  be  entitled  to  have  their  names 
printed  on  the  official  non-partisan  ballot  at  the  general  election.  Said 
ballot  for  non-partisan  officers  may  contain  judicial  officers  and  the  same 
school  officers,  arranged,  however,  in  separate  columns,  but  such  non-par- 
tisan ballot  shall  be  separate  from  the  regular  ballot  used  at  such  election 
and  shall  be  deposited  in  a  separate  ballot  box,  the  same  as  in  voting  upon 
constitutional  amendments.  The  candidate  receiving  the  highest  number 
of  votes  at  said  general  election  shall  be  declared  duly  elected  to  the 
office  for  which  said  person  was  a  candidate.  In  all  other  respects  the 
procedure  for  the  nomination  and  election  to  the  offices  herein  referred  to 
shall  be  regulated  by  the  provisions  of  the  statutes  relating  to  primary 
and  general  elections  in  force  in  this  state  so  far  as  they  are  applicable. 

Sec.  6.  All  acts  and  parts  of  acts  in  conflict  with  the  provisons  of 
this  act  are  hereby  expressly  repealed  and  Chapter  74,  Session  Laws  of 
1915,  is  hereby  modified  to  conform  to  the  provisions  of  this  act. 


12  ELECTION  LAWS  OF  WYOMING,  1920. 

CHAPTER  146. 

ELECTION  DISTRICTS  AND  POLLING  PRECINCTS. 

§  2139.  Establishment  of  election  districts.  The  board  of  county 
commissioners  of  each  county  shall  at  each  general  July  meeting  to  be 
held  every  general  election  year,  divide  the  counties  into  convenient  elec- 
tion districts,  which  shall  be  known  and  numbered  by  the  numbers  desig- 
nated. There  shall  not  be  less  than  five  nor  more  than  thirty  election 
districts  in  any  county.  In  laying  out  the  county  into  districts,  the  board 
of  county  commissioners  shall  in  incorporated  cities  and  towns  make  each 
ward  thereof  an  election  district.  [L.  1890-91,  ch.  100,  §  5 ;  R.  S.  1899, 
§244;L.  1907,  ch.  27,  §  L] 

§  2140.     Polling  precincts — County  commissioners  shall  establish. 

The  county  commissioners  shall,  in  creating  and  establishing  election  dis- 
tricts, establish  in  any  one  district,  as  many  polling  precincts  as  shall  be 
necessary  and  convenient  for  the  voters  of  the  election  districts  wherein 
such  polling  precincts  may  be  established,  but  no  polling  precincts  shall 
be  established  after  the  first  day  of  registration  as  herein  provided.  [L. 
1890,  ch.  80,  §  10;  R.  S.  1899,  §  245.] 

§  2141.  Rule  for  establishing  polling  precincts — Rule  in  cities.  In 
altering  and  establishing  election  districts  and  polling  precincts,  the 
county  commissioners  shall  be  governed  and  guided  by  the  interest  and 
convenience  of  the  greatest  number  of  electors ;  Provided,  That  in  munici- 
palities, the  polling  precincts  shall  not  extend  over  more  than  one  ward, 
and  that  the  polling  precincts  so  established  shall  be  the  polling  precincts 
for  municipal  elections.     [L.  1890,  ch.  80,  §  13;  R.  S.  1899,  §  246.J 

§  2142.  Change  of  polling  precincts — iLimitation.  At  any  meeting 
prior  to  the  first  day  of  registration,  the  county  commissioners  shall  have 
discretionary  power  on  petition  of  ten  qualified  voters  within  any  election 
district,  to  vacate,  change,  consolidate,  remove  or  establish  any  polling 
precincts  within  the  several  election  districts ;  Provided,  That  no  increase 
or  decrease  shall  be  made  in  the  number  of  such  election  districts  oftener 
than  once  in  two  years.     [L.  1890,  ch.  80,  §  11 ;  R.  S.  1899,  §  247.] 

§  2143.  '  Size  of  polling  precincts — When  established.  On  or  before 
the  first  day  of  September,  of  each  year,  in  which  an  election  is  to  be 
held,  the  officers  charged  by  law  with  the  establishment  or  alteration  of 
polling  precincts,  shall,  as  far  as  necessary,  divide  the  existing  election 
districts  into  polling  precincts  in  such  a  manner  that  each  polling  precinct 
shall  not  contain  more  than  four  hundred  voters.  [L.  1890,  ch.  80,  §  12; 
R.  S.  1899,  §  248.] 


CHAPTER  147. 
REGISTRATION. 


§  2144.  Appointment  of  registry  agents.  Prior  registration  shall  be 
required,  first,  in  each  election  district  in  any  incorporated  city  or  town, 
irrespective  of  the  number  of  votes  cast  therein,  and  second,  in  each  elec- 
tion district  located  on  the  line  of  a  railroad  and  not  within  an  incor- 
porated city  or  town,  in  which  district  more  than  one  hundred  votes  were 
cast  at  the  last  preceding  general  election.  The  boards  of  the  county 
commissioners  of  the  several  counties  at  each  regular  July  meeting  in 


ELECTION  LAWS  OF  WYOMING,  1920.  73 

every  general  election  year  shall  appoint  two  registry  agents  for  each 
election  district  in  which  prior  registration  is  so  required.  Such  registry 
agents  shall  not  be  members  of  the  same  political  party,  but  shall  be 
qualified  voters  of  the  election  district  for  which  they  are  appointed,  and 
shall  be  otherwise  competent  to  attend  to  the  duties  incident  to  their  ap- 
pointment. They  shall  hold  their  office  for  the  term  of  two  years  and 
until  their  successors  are  appointed  and  qualified,  but  they  may  be  re- 
moved at  the  will  of  the  county  commissioners  for  cause.  [L.  1897  eh 
53,  §  5;  R.  S.  1899,  §  249.] 

§  2145.  Oath  of  registry  agents.  Before  entering  upon  the  duties 
prescribed  by  law,  the  registry  agents,  including  ex  officio  registry  agents, 
shall  severally  take  and  subscribe  before  an  officer  duly  authorized  to  ad- 
minister oaths,  the  following  oath  or  affirmation,  which  shall  be  filed  in 
the  office  of  the  county  clerk  of  their  respective  counties,  to-wit : 

"I, ,  registry  agent  for  election  district  No , 

in  the  county  of ,  Wyoming,  do  solemnly  swear  (or 

affirm)  that  I  will  perform  all  the  duties  of  registry  agent  in  and  for 
said  election  district  according  to  law  and  the  best  of  my  ability,  and  that 
in  the  discharge  of  my  duties  as  such  agent  I  will  honestly  endeavor  to 
prevent  fraud,  deceit,  or  any  other  manner  of  abuse  of  the  elective  fran- 
chise, so  help  me  God  (or  for  which  I  will  answer  under  the  pains  and 
penalties  of  perjury)."     [L.  1890,  ch.  80,  §  38;  R.  S.  1899,  §  250.] 

§  2146.  County  commissioners  shall  furnish  supplies.  The  county 
commissioners  of  the  several  counties  shall  supply  the  registry  agents  of 
their  respective  counties  with  all  proper  and  necessary  books  and  station- 
ery and  blank  forms  of  affidavits  for  the  voters,  and  particularly  with 
printed  copies  of  the  election  laws.  Th^y  shall  furnish  to  each  registry 
agent  a  bound  book  which  shall  be  known  as  the  "Official  Register," 
which  shall  be  ruled  in  columns  of  suitable  dimensions  to  provide  for  the 
following  entries  opposite  the  name  of  each  elector,  to-wit: 

1.  Number  of  the  register. 

2.  Date  of  registry. 

3.  Name  of  elector. 

4.  Age  of  elector. 

5.  Where  born. 

6.  Name  of  polling  precinct. 

7.  Description  of  residence. 

[L.  1890,  ch.  80,  §  35;  R.  S.  1899,  §  251.] 

§  2147.  Meetings  of  registry  agents — Posting  notice.  Said  registry 
agents  shall  meet  on  the  Tuesday  four  weeks  preceding  each  general  and 
special  election,  at  the  office  of  the  clerks  of  their  respective  cities  or 
towns  and  villages,  or  at  some  convenient  place  therein  designated  by  the 
county  commissioners  and  made  known  by  §aid  registers  by  advertisement 
posted  up  in  five  public  places  in  their  district  at  least  five  days  before  the 
time  of  meeting.  In  incorporated  cities  and  towns  where  a  ward  is  made 
an  election  district,  the  registry  agents  of  such  district  shall  meet  at  some 
convenient  place  within  such  district  as  designated  by  the  county  com- 
missioners. They  shall  convene  at  9  o'clock  in  the  morning  and  proceed 
to  make  a  list,  as  hereinafter  prescribed,  of  all  persons  qualified  and  en- 
titled to  vote  at  the  ensuing  election  in  their  respective  election  districts, 
designating  the  ward  and  polling  precincts,  in  which  such  persons  are 
then  residing  and  entitled  to  vote,  which  list,  when  complete,  shall  con- 


74  ELECTION  LAWS  OF  WYOMING,  1920. 

stitute  and  be  known  as  the  register  of  electors  of  said  election  district. 
[L.'  1890-91,  ch.  100,  §  7;  R.  S.  1899,  §  252.] 

§  2148.  Register  of  electors — How  made.  Said  registers  shall  each 
contain  a  list  of  the  persons  so  qualified  and  entitled  to  vote  in  said 
election  district,  according  to  their  wards  and  polling  precincts,  when 
there  are  any,  alphabetically  arranged  according  to  their  surnames  so  as 
to  show  in  one  column  the  name  in  full,  in  another  column  the  residence 
by  the  number  of  the  dwelling,  if  there  be  a  number,  and  the  name  of  the 
street  or  other  location  of  the  dwelling  place,  as  near  as  may  be,  of  each 
person.     [L.  1890,  ch.  80,  §  17 ;  R.  S.  1899,  §  253.] 

§  2149.  Who  must  be  registered.  The  said  registry  agents  shall 
enter  on  said  lists  the  names  of  all  persons  residing  in  their  jurisdiction 
who  are  entitled  to,  and  claim  the  right  to,  vote  at  the  next  general  elec- 
tion. Such  persons  shall  appear  in  person.  [L.  1890-91,  ch.  100,  §  8 ;  R.  S. 
1899,  §  254.] 

§  2150.  Oath  of  applicant  to  register.  Every  person  applying  to  be 
registered  shall,  before  he  shall  be  entitled  to  have  his  name  registered, 
take  and  subscribe  before  one  of  the  registry  agents  one  of  the  following 
oaths,  which  shall  then  be  filed  with  said  agents,  to-wit : 

"The  state  of  Wyoming,  county  of ,  ss. 

''I  do  solemnly  sweai*  (or  affirm)  that  I  am  a  citizen  of  the  United 
States;  that  I  will  be  twenty-one  years  of  age  on  or  before  the  election 
day  next  ensuing;  that  I  will  have  actually  and  not  constructively  been 
a  bona  fide  resident  of  said  state  one  year  and  of  said  county  sixty  days, 

and  of  election  district  No in  said  county  ten  days  preceding  the 

day  of  the  next  general  election ;  that  I  am  an  actual  resident  of  polling 

precinct  No in  election,  district  No in  said  county,  and 

that  I  can  read  the  constitution  of  said  state.    So  help  me  God. 

"State  of  Wyoming  ,county  of ,  ss. 

"I  do  solemnly  swear  (or  affirm)  that  I  am  a  citizen  of  the  United 
States,  that  I  was  a  resident  and  qualified  elector  of  Wyoming  on  the 
tenth  day  of  July,  1890,  that  I  have  ever  since  th^n  continued  to  be  a  resi- 
dent of  Wyoming ;  that  I  will  have  actually  and  not  constructively  been 
a  bona  fide  resident  of  said  county  sixty  days,  and  of  election  district 

No in  said  county  ten  days  preceding  the  day  of  the  next  general 

election;  that  I  am  an  actual  and  bona  fide  resident  of  polling  precinct 
No in  election  district  No in  said  county.    So  help  me  God. 

"State  of  Wyoming  ,county  of _,  ss. 

"I  do  solemnly  swear  (or  affirm)  that  I  am  a  citizen  of  the  United 
States;  that  I  will  be  twenty-one  years  of  age  on  or  before  the  election 
day  next  ensuing ;  that  I  will  have  actually  and  not  constructively  been 
a  bona  fide  resident  of  this  state  one  year  and  in  this  county  sixty  days, 

and  of  election  district  No.___ in  said  county  ten  days  preceding  the 

day  of  the  next  general  election ;  that  I  am  an  actual  and  bona  fide  resi- 
dent of  polling  precinct  No in  election  district  No in  said 

county,  and  that  I  am  prevented  by  reason  of  physical  disability  from 
being  able  to  read  the  constitution  of  this  state.  So  help  me  God." 
[Chapter  60,  Session  Laws,  1911.] 

§  2151.  Registration  hours.  Said  registry  agents  shall  *sit  continu- 
ously from  day  to  day  until  their  labors  are  completed,  not  exceeding 
five  days,  and  they  shall  keep  their  office  open  for  the  transaction  of  their 
business  each  day  during  the  following  hours,  to-wit.    From  9  o'clock  in 


ELECTION  LAWS  OF  WYOMING,  1920.  75 

the  morning  until  1  o'clock  in  the  afternoon,  and  from  2  o'clock  in  the 
afternoon  until  6  o  'clock  in  the  afternoon,  and  from  7  o  'clock  in  the  even- 
ing until  9  o'clock  in  the-  evening.  [L.  1890-91,  ch.  100,  §  8;  E.  S.  1899, 
§  256.] 

§  2152.  Copies  of  registry  lists  to  be  made.  When  the  registry  is 
complete  the  registry  agents  shall  make  three  copies  thereof,  and  certify 
the  register  and  copies'  thereof  to  be  a  true  list  of  the  voters  of  their 
election  districts,  so  far  as  they  may  know.  [L.  1890-91,  ch.  100,  §  8; 
E.  S.  1899,  §  257.] 

§  2153.  Disposition  of  registry  lists.  Within  four  days  thereafter, 
the  said  original  list  shall  be  filed  by  said  registry  agents  in  the  office  of 
the  county  clerk  of  the  proper  county,  and  one  copy  of  said  list  shall  be 
filed  in  the  office  of  the  clerk  of  the  municipal  corporation  of  the  election 
district,  and  one  copy  shall  be  retained  by  each  of  said  registry  agents, 
and  said  registry  agents  shall  also  make  a  copy  for  each  polling  precinct 
in  the  district,  and  in  the  municipal  corporation.  The  last  said  copy  shall 
contain  the  list  of  voters  in  the  ward  in  w^hich  the  polling  precinct  is 
located,  showing  the  precinct  in  which  each  elector  resides,  which  last 
said  copies  shall  be  deposited  with  the  board  of  county  commissioners  of 
the  county,  to  be  by  them  distributed  to  the  election  officers  of  said  pre- 
cincts for  their  use  on  the  day  of  election.  The  board  of  county  com- 
missioners shall  cause  a  copy  of  each  of  said  .ward  lists  to  be  publicly 
posted  at  each  polling  precinct  in  said  district  at  least  eighteen  days  be- 
fore election  day,  if  possible.     [L.  1890-91,  ch.  100,  §  8;  R.  S.  1899,  §  258.] 

§  2154.  Meeting  to  complete  lists — Time.  The  said  registry  agents 
shall  again  meet  at  the  places  herein  above  designated  twelve  days  pre- 
ceding the  day  of  election  for  the  purpose  of  revising,  correcting  and 
completing  said  list.  They  shall  hold  their  sessions  for  not  exceeding  two 
days  and  during  the  same  hours  as  at  their  first  meeting.  [L.  1890,  ch.  80, 
§  19;  R.  S.  1899,  §  259.] 

§  2155.  Proceedings  shall  be  public — Hearing.  The  proceedings 
shall  be  open,  and  all  persons  residing  and  entitled  to  vote  in  said  district 
shall  have  the  right  to  be  heard  in  person  in  relation  to  the  corrections  or 
additions  to  said  register.     [L.  1890,  ch.  80,  §  20;  R.  S.  1899,  §  260.] 

§  2156.  Correction  of  lists — Challenges.  Said  agents  shall  at  their 
first  meeting  for  revising  and  correcting  said  list,  erase  therefrom  the 
name  of  any  person  inserted  therein,  who  shall  be  proved  by  the  oath  of 
two  legal  voters  of  said  district,  to  the  satisfaction  of  said  agents,  to  be 
non-residents  of  said  district,  or  otherwise  not  entitled  to  vote  in  said 
district  at  the  election  then  next  to  be  held ;  Provided,  That  if  the  person 
whose  name  is  on  such  list  shall  be  challenged,  he  shall  be  entitled  to  con- 
trovert by  the  oaths  of  legal  electors  of  said  district  the  allegations  relat- 
ing to  his  non-residence  or  other  alleged  disqualifications.  [L.  1890-91, 
ch.  100,  §  9;R.  S.  1899,  §  261.] 

§  2157.  Qualified  elector  may  be  registered.  Any  elector  residing  in 
said  district,  entitled  to  vote  therein,  may  appear  before  said  agents  in 
person  and  require  his  or  her  name  to  be  recorded  in  said  alphabetical  list 
for  the  ward  or  precinct  in  which  he  or  she  claims  to  reside.  [L.  1890-91, 
ch.  100,  §  9;  R.  S.  1899,  §  262.] 

§  2158.  Affidavit  of  elector  registering.  Any  person  requiring  his  or 
her  name  to  be  so  entered  on  said  list  shall  make  the  same  affidavit  re- 


76  ELECTION  LAWS  OF  WYOMING,  1920. 

quired  of  an  elector  who  registers  as  heretofore  provided,  and  shall  be 
subject  to  challenge  by  either  of  the  registry  agents,  or  by  any  elector, 
and  in  case  no  challenge  is  made,  such  name  shall  be  entered  upon  the 
registry  list,  or  in  case  of  challenge  as  aforesaid,  then  such  person  shall 
be  registered  only  upon  being  vouched  for  by  the  affidavit  of  two  electors, 
as  provided  for  in  §§  2217  and  2218.  [L.  1890-91,  ch.  100,  §  9 ;  R.  S.  1899, 
§  263.] 

§  2159.  Certified  lists  to  judges  of  election.  After  said  lists  shall 
have  been  fully  completed  and  five  days  or  more  before  the  day  of  elec- 
tion, the  said  agents  shall  cause  a  complete  list  of  the  registered  voters 
of  each  precinct  in  their  respective  districts  to  be  made,  certify  the  same 
to  be  correct  and  deliver  to  the  judges  of  election  of  each  polling  precinct 
a  list  of  the  registered  voters  in  their  respective  precincts.  It  shall  be  the 
duty  of  the  judges  so  receiving  such  list  carefully  to  preserve  such  list  for 
their  use  on  election  day  and  to  designate  two  of  their  number  at  the 
openiiig  of  the  polls  to  check  the  name  of  each  registered  voter  voting  in 
such  precinct.     [L.  1890,  ch.  80,  §  22 ;  R.  S.  1899,  §  264.] 

§  2160.  Only  registered  electors  can  vote.  No  vote  shall  be  received 
at  any  general  or  special  election  if  the  name  of  the  person  offering  to 
vote  be  not  on  said  register  made  as  aforesaid  in  districts  where  registra- 
tion is  required.     [L.  1890,  ch.  80,  §  22;  R.  S.  1899,  §  265.] 

§  2161.  Challenge  of  registered  electors.  Any  person  may  be  chal- 
lenged and  the  same  oaths  required  as  now  are  or  hereafter  may  be  pre- 
scribed by  law  touching  the  legality  of  the  vote  offered.  [L.  1890,  ch.  80, 
§  22;R.  S.  1899,  §  266.] 

§  2162.  Clerks  of  election  shall  make  list — When.  The  clerks  at 
each  polling  precinct  where  prior  registration  is  not  by  law  required,  in 
addition  to  the  duties  now  prescribed  by  law,  shall  enter  on  the  poll  list 
kept  by  them  in  columns  prepared  for  that  purpose,  opposite  the  name  of 
each  person  voting  the  same  statement  or  minute  heretofore  required  of 
the  registrv  agents  in  making  the  registry.  [L.  1890,  ch.  80,  §  23 ;  R.  S. 
1899,  §  267'.] 

§  2163.  Lists  returned  by  judges — Preservation— Public.  After  the 
canvass  of  the  votes  the  register  so  kept  and  checked  as  aforesaid  shall 
be  returned  by  the  judges  of  election  together  with  the  poll  lists  and  said 
register  shall  be  retained  and  carefully  preserved  as  a  public  record  in 
the  office  of  the  county  clerk.  Such  register  at  all  times  shall  be  open  for 
public  inspection  at  the  office  of  the  said  county  clerk  without  charge. 
[L.  1890,  ch.  80,  §  24;  R.  S.  1899,  §  268.] 

§  2164.  Pay  of  registry  agents.  The  said  registry  agents  shall  each 
receive  the  sum  of  three  dollars  per  day  for  each  day  actually  employed, 
to  be  paid  out  of  the  county  treasury  upon  properly  verified  claims.  [L. 
1890,  ch.  80,  §  25;  R.  S.  1899,  §  269.] 

§  2165.  Registry  agents — Power — Vacancies.  The  said  registry 
agents  shall  have,  and  exercise  the  same  power  in  preserving  order  at 
their  meetings  as  are  given  to  judges  of  election  for  preserving  order 
on  election  day.  All  vacancies  shall  be  filled  by  the  board  of  county 
commissioners,  if  such  board  be  in  session  in  time,  and  if  not,  such 
vacancies  shall  be  filled  by  the  county  clerk.  [L.  1890,  ch.  80,  §  26 ;  R.  S. 
1899,  §  270.] 


ELECTION  LAWS  OF  WYOMING,  1920.  77 

§  2166.  Judges  ex  officio  registry  agents — When.  The  judges  of 
election  of  each  election  precinct  in  Wyoming  in  all  districts  where  there 
were  cast  at  the  last  preceding  general  election  in  each  polling  precinct 
in  said  district,  as  shown  by  the  returns  thereof,  not  more  than  fifty 
votes,  shall  be  ex  officio  registry  agents  for  their  respective  precincts, 
and  it  shall  be  the  duty  of  the  county  clerk  of  each  county,  to  furnish 
to  the  judges  of  election,  if  such  polling  precinct  has  by  the  returns  o'f 
the  last  preceding  general  election  shown  to  have  polled  not  more  than 
fifty  votes,  the  same  books,  stationery,  including  black  lead  pencils  for 
the  purpose  of  marking  ballots  of  electors,  and  none  other  shall  be  used 
for  such  purpose,  and  blank  forms  of  affidavits  and  printed  copies  of  the 
election  law,  as  they  are  required  to  furnish  to  the  registry  agents  of  such 
election  districts  on  which  registration  is  required  before  the  day  of  elec- 
tion. It  shall  be  the  duty  of  the  judges  of  election  in  the  precincts  where- 
in they  are  required  to  also  act  as  registry  agents,  to  t*egister  in  the  proper 
official  register,  each  voter  applying  to  vote  in  the  manner  prescribed  by 
law  for  registration,  prior  to  such  voter  being  permitted  to  cast  his  ballot 
at  such  election.     [L.  1895,  ch.  118,  §  2;  R.  S.  1899,  §  271.] 

§  2167.  Election  register^ — When  and  how  kept.  The  said  judges  of 
election  as  such  ex  officio  registry  agents,  shall  require  and  see  that  the 
clerks  of  election  register  all  electors  voting,  giving  full  particulars  in  the 
proper  columns  of  the  records  prepared  by  them  as  by  this  chapter  re- 
quired. Except  that  in  giving  the  residence  of  persons  who  do  not  live 
in  cities  or  towns,  the  residence  of  the  elector  shall  be  given  by  legal  sub- 
divisions  of  land,  according  to  the  United  States  government  survey, 
where  it  is  practicable  to  ascertain  the  same.  [L.  1890-91,  ch.  100,  §  10; 
R.  S.  1899,  §  272.] 

§  2168.    Oath  of  elector  voting  on  election  day — Corroborating  oath. 

Each  person  ofi^ering  to  vote  on  election  day,  shall,  in  precincts  where 
prior  registration  is  not  required,  take  and  subscribe  the  same  oath  as  is 
required  herein  of  persons  applying  to  be  registered.  Such  affidavit  shall 
be  administered  by  one  of  the^udges  of  election  without  charge,  and  it 
shall  be  returned  by  the  judges  with  the  poll  lists.  [L.  1897,  ch.  54;  R.  S. 
1899;  §273.] 

Board  of  Carbon  Co.  v.  State,  17#Wyo.  396,  99  Pac.  1116, 

§  2169.  When  elector  may  vote.  When  a  qualified  elector  applies  to 
vot^  in  precincts  where  prior  registration  is  not  required,  he  shall  upon 
registering  as  hereinbefore  provided,  be  entitled  to  vote,  but  not  before. 
[L.  1890-91,  ch.  100,  §  12;  R.  S.  1899,  §  274.] 


CHAPTER  148. 

JUDGES  AND  CLERKS  OF  ELECTION. 

§  2170.  Judges  of  election — Appointment  of — Notice.  The  board  of 
county  commissioners  shall  at  the  last  regular  session  preceding  any  elec- 
tion— but  if  said  regular  session  be  within  thirty  days  before  the  election, 
then  a  special  meeting  shall  be  called — appoint  three  capable  and  discreet 
persons  possessing  the  qualifications  of  electors  to  act  as  judges  of  elec- 
tion, at  each  polling  precinct,  and  the  county  clerk  shall  make  out  and 
deliver  to  the  sheriff  of  the  county  immediately  after  the  appointment  of 
such  judges  a  notice  in  writing  directed  to  the  judges  so  appointed,  and 
said  sheriff  shall,  within  five  days  after  the  receipt  of  such  notice,  transmit 


78  ELECTION  LAWS  OF  WYOMING,  1920. 

the  same  by  registered  mail  to  each  of  said  judges  of  election ;  Provided, 
That  the  sheriff  shall  in  person  or  by  deputy  serve  said  notice  upon  any 
of  the  judges  of  election  in  the  polling  precinct  at  the  county  seat  of  his 
county.     [L.  1890,  ch.  80,  §  56;  R.  S.  1899,  §  275.] 

§  2171.  Political  qualification  of  judges.  In  making  the  appoint- 
ment of  judges  of  election  as  aforesaid,  not  more  than  two  at  any  polling 
precinct  shall  be  from  any  one  political  party.  [L.  1890,  ch  .80,  §  57 ;  R. 
S.  1899,  §  276.] 

Board  of  Carbon  Co.  v.  State,  17  Wyo.  396,  99  Pac.  1116. 

§  2172.  Term  of  office  of — ^How  appointed  in  cities.  The  judges  of 
election  shall  be  and  continue  judges  of  all  elections  to  be  held  within 
their  precincts  for  one  year  and  until  other  judges  shall  be  appointed  as 
hereinbefore  directed.  Municipal  elections  shall  be  conducted  in  accord- 
ance with  the  provisions  of  the  general  election  laws,  except  as  is  other- 
wise provided;  Provided,  however,  That  the  judges  of  election  for  such 
municipal  election  shall  be  appointed  by  the  councilmen  or  trustees  of  the 
incorporated  city  or  town  in  which  said  election  shall  be  held.  [L.  1890, 
ch.  80,  §  58;R.  S.  1899,  §  277.] 

§  2173.    Clerks  of  election — Appointment  of — Political  qualifications. 

The  judges  of  election  shall  choose  two  persons,  having  the  same  qualifica- 
tions with  themselves,  to  act  as  clerks  of  the  election  and  the  clerks  of  the 
election  may  continue  to  act  as  such  during  the  pleasure  of  the  judges  of 
election  appointing  them.  The  clerks  shall  not  be  members  of  the  same 
political  party  unless  it  be  impracticable  to  obtain  two  thus  qualified.  [L. 
1890,  ch.  80,  §  59;  R.  S.  1899,  §  278.] 

§  2174.  Filling  vacancy  in  office  of  judge — Election  proceedings  in- 
valid— When,  If  at  any  time  appointed  by  law  for  the  opening  of  any 
election,  any  person  duly  appointed  to  act  as  judge  of  the  election  shall 
fail  or  refuse  to  act  or  to  be  sworn  or  afiirmed  to  act  in  such  capacity,  the 
place  of  such  persons  shall  be  filled  by  viva  voce  votes  of  qualified  electors 
residing  within  the  polling  precinct  as  may  be  present  at  the  place  of  elec- 
tion, and  each  person  so  elected  to  fill  such  vacancy  shall  be  a  qualified 
elector  of  the  precinct  and  shall  be  vested  "v^ith  the  same  power  as  if  ap- 
pointed by  the  board  of  county  commissioners.  All  such  judges  shall  at 
all  times  be  present  when  the  ballots  are  being  cast  and  counted.  Any 
ballot  cast  in  the  absence  of  any  judge  shall  be  invalid.  Any  proceeding 
had  in  the  count  and  canvass  of  the  votes  by  the  judges,  during  the  ab- 
sence of  any  judge,  shall  be  invalid.  [L.  1890-91,  ch.  100,  §  15 ;  R.  S.  1899, 
§  279.] 

§  2175.  Oath  of  judges  of  election.  Judges  of  election,  whether  ap- 
pointed by  the  commissioners  or  elected,  shall  before  entering  upon  their 
duty  as  judges  of  election,  severally  take  and  subscribe  the  following  oath 
in  writing : 

*'I  do  solemnly  swear  (or  affirm)  that  I  will  impartially  and  to  the 
best  of  my  knowledge  and  ability,  perform  the  duties  of  judge  of  this 
election,  and  I  will  studiously  endeavor  to  prevent  all  frauds,  deceit  and 
abuse  in  conducting  the  same." 

In  precincts  where  prior  registration  is  not  required,  the  judge  of 
election  shall,  in  addition  to  the  foregoing  oath,  take  and  subscribe  to  the 
oath  required  of  registry  agents  before  entering  upon  their  duties.  [L. 
1890-91,  ch.  100,  §  16;  R.  S.  1899,  §  280.]. 


ELECTION  LAWS  OF  WYOMING,  1920.  79 

§  2176.  Oath — How  administered.  Such  oath  may  be  taken  before 
any  person  authorized  to  administer  oaths,  but  if  no  person  authorized  to 
administer  an  oath  be  present,  then  the  judges  shall  administer  the  oath  to 
each  other  with  like  effect  in  all  proceedings,  both  civil  and  criminal,  aSy 
though  the  oath  had  been  administered  by  any  other  person  authorized  to 
administer  oaths.     [L.  1890,  ch.  80,  §  62;  R.  S.  1899,  §  281.] 

§  2177.  Oaths  of  clerks — How  administered.  The  clerks  of  election 
shall  take  and  subscribe  in  writing  an  oath  similar  in  character  to  that  re- 
(juired  by  law  to  be  taken  by  the  judges,  which  oath  may  be  administered 
by  any  one  of  the  judges  to  the  clerks.     [L.  1890,  ch.  80,  §  63 ;  R.  S.  1899, 

§  282.] 

§  2178.  Pay  of  election  officers,  The  judges  and  clerks  of  general 
county  and  municipal  elections  shall  receive  three  dollars  each  for  each 
full  day  for  their  services  in  attending  such  elections  and  ten  hours  shall 
constitute  one  day,  and  the  judge  or  clerk  who  carries  the  returns  to  the 
postmaster  at  the  nearest  postoffice  shall  also  receive  ten  cents  per  mile 
each  way  by  the  nearest  traveled  route  unless  he  has  to  travel  in  another 
way  than  by  railroad,  in  which  case  he  shall  receive  ten  cents  per  mile 
each  way  and  three  dollars  per  day  for  each  day  necessarily  and  actually 
employed  in  such  travel,  also  the  amount  expended  for  postage  and  the 
registration  fee  upon  such  returns.  Constables  serving  shall  receive  three 
dollars  per  day.     [L.  1890,  ch.  80,  §  142;  R.  S.  1899,  §  283.] 

§  2179.  Certificate  of  pay  of  election  officers.  The  clerk  of  each 
county,  or  municipality  as  the  case  may  be,  shall,  on  canvass  of  the  elec- 
tion returns  of  any  election,  make  out  his  certificate  stating  therein  the 
compensation  to  which  the  judges  or  clerks  of  such  election  and  constables 
may  be  entitled  for  services,  and  lay  the  same  before  the  county  commis- 
sioners, or  city  or  town  council  as  the  case  may  be,  at  their  next  meeting, 
and  the  compensation  aforesaid  shall  be  ordered  to  be  paid  out  of  the 
treasury  of  such  county,  city  or  town.  [L.  1890,  ch.  80,  §  143 ;  R.  S.  1899. 
§  284.] 

§  2180.  Duties  of  officers.  No  officer  shall  deposit  in  the  ballot  box 
any  ballot  except  a  law:^ul  one.  A  lawful  ballot  is  an  official  ballot  of- 
ficialh^  stamped  and  marked  with  the  initials  or  names  of  a  judge  of  the 
election,  and  offered  by  a  qualified  elector  during  the  time  of  election.  No 
officer  shall  allow  an  unqualified  elector  to  vote.  No  officer  shall  count 
the  ballot  of  an  elector  more  than  once.  No  officer  shall  open  or  unfold 
any  ballot  presented  by  an  elector.  No  officer  shall  reveal  how  any  elec- 
tor has  voted.  No  officer  shall  ascertain  or  allow  any  person  to  ascertain 
how  an  elector  has  voted;  Provided,  however.  An  officer  may  assist  a 
qualified  but  incapacitated  elector  to  vote  as  provided  for  in  §§  2223  and 
2224.  No  officer  shall  refuse  a  qualified  elector  the  right  to  vote.  No  off- 
ficer  shall  be  guilty  of  any  fraud,  corruption  or  misbehavior  in  the  receiv- 
ing or  canvassing  or  returning  of  votes.  No  officer  shall  change  any  ballot 
voted.  The  word  officer  as  used  in  this  section  shall  include  judges  and 
clerks  of  election,  county  and  municipal  clerks,  justices  of  the  peace,  mes- 
sengers and  all  others  who  are  in  any  way  connected  with  the  conduct  of 
an  election  or  the  canvassing  or  returning  thereof  .  Any  officer  violating 
any  of  the  provisions  of  this  section,  shall  be  imprisoned  in  the  peniten- 
tiary not  more  than  five  years  and  not  less  than  one  year,  or  be  fined  not 
more  than  two  thousand  dollars,  and  not  less  than  one  hundred  dollars, 
or  may  be  both  imprisoned  and  fined  as  aforesaid,  and  shall  forever  there- 


80  ELECTION  LAWS  OF  WYOMING,  1920. 

after  be  incapacitated  from  holding  any  civil  office  or  of  exercising  the 
elective  franchise  in  Wyoming.     [L.  1890,  ch.  80,  §  164;  R.  S.  1899,  §  285.] 

Board  of  Carbon  Co.  v.  State,  17  Wyo.  408,  99  Pac.  1116. 


CHAPTER  149. 
BALLOTS. 


§  2181.  Ballots  printed  at  public  expense.  All  ballots  cast  in  elec- 
tions for  public  officers  (except  school  district  officers)  shall  be  printed 
and  distributed  at  public  expense  as  provided  for  in  §  2182.  [L.  1890,  ch 
80,  §  82;R.  S.  1899,  §  286.] 

.§  2182.  Printing  of  ballots,  a  public  charge.  The  printing  of  ballots 
and  cards  of  instructions  for  the  electors  of  each  county  and  the  delivery 
of  the  same  to  the  election  officers,  as  provided  for  in  §  2185,  shall  be  a 
county  charge,  the  payment  of  which  shall  be  provided  for  in  the  same 
manner  as  the  payment  of  other  county  expenses,  and  the  expense, of 
printing  and  delivering  the  ballots  and  cards  of  instruction  shall  in  the 
case  of  municipal  elections  be  a  charge  upon  the  city  or  town  in  which 
such  election  shall  be  held.     [L.  1890,  ch.  80,  §  83;  R  .S.  1899,  §  287.] 

§  2183.  Ballots  shall  state  propositions  submitted  to  electors.  When- 
ever the  secretary  of  state  has  duly  certified  to  the  county  clerk  any  ques- 
tion to  be  submitted  to  a  vote  of  the'people,  the  county  clerk  shall  have 
printed  on  the  regular  ballots  the  question  in  such  form  as  will  enable  the 
electors  to  vote  upon  the  question  so  presented  in  the  manner  provided  for 
in  §  2184.  The  county  clerk  shall  also  prepare  the  necessary  ballots  when 
ever  any  question  is  required  by  law  to  be  submitted  to  the  vote  of  the 
electors  of  any  locality,  and  not  to  the  state  generally ;  Provided,  however, 
That  in  all  questions  submitted  to  the  voters  of  a  municipal  corporation 
alone,  it  shall  be  the  duty  of  the  municipal  clerk  to  provide  the  necessary 
ballots.     [L.  1890,  ch.  80,  §  105;  R.  S.  1899,  §  288.] 

§  2185.  Delivery  of  ballots  to  judges  of  election.  At  or  before  the 
opening  of  the  polls  the  county  clerk  or  the  municipal  clerk  in  the  case  of 
municipal  elections  shall  cause  to  be  delivered  to  the  judges  of  election  of 
each  polling  precinct  which  is  within  the  county  or  within  the  munici- 
pality in  the  case  of  municipal  elections,  and  in  which  the  election  is  to  be 
held  at  the  polling  place  of  the  precinct  the  proper  number  of  ballots  as 
provided  for  in  §  2188.  He  shall  also  deliver  to  the  said  judges  a  rubber 
or  other  stamp  with  red  ink  pad  for  the  purpose  of  stamping  or  designat- 
ing the  official  tickets  as  hereinafter  provided.  Said  stamp  shall  contain 
the  words  ^ '  Official  ballot, "  the  name  and  number  of  the  polling  precinct, 
the  name  of  the  county  or  municipality  as  the  case  may  be,  the  date  of  the 
election,  and  the  name  and  official  designation  of  the  clerk  who  furnishes 
the  tickets.     [L  .1890,  ch.  80,  §  110;  R.  S.  1899,  §  290.] 

Slayinaker  v.  Phillips,  5  Wyo.  460,  40  Pac.  971,  42  Pac.  1049,  47  L.  R.  A.  824;  Board  bf 
Carbon  Co.  v.  State,  17  Wyo.  371,  99  Pac.  1116. 

§  2186.  Ballots  and  stamp  delivered  under  seal — Receipt.  The  bal- 
lots and  stamp  for  each  precinct  shall  be  enclosed  in  a  package  under  seal, 
and  the  person  delivering  them  to  the  judges  of  election  shall  take  a  re- 
ceipt therefor,  and  file  the  same  in  the  county  or  municipal  clerk's  office, 
as  the  case  may  be.     [L.  1890,  ch.  80,  §  111 ;  R.  S.  1899,  §  291.] 

§  2187.  Preparation  of  officially  printed  ballots — Such  only  shall  be 
cast.    Except  as  otherwise  provided  by  law,  the  clerk  of  each  county  shall 


ELECTION  LAWS  OF  WYOMING,  1920.  8] 

provide  printed  ballots  for  every  election  for  public  officers  other  than 
city,  town  or  school  district  officers,  in  which  the  electors  or  any  of  the 
electors  within  the  county  participate,  and  to  cause  to  be  printed  in  the 
ballots  the  name  of  every  candidate  whose  name  has  been  certified  to,  or 
filed  with  the  county  clerk  in  the  manner  provided  for  by  law.  Ballots 
other  than  those  printed  by  the  respective  county  clerks,  according  to  the 
provisions  of  law  shall  not  be  cast  or  counted  in  any  election.  In  all 
municipal  elections,  the  duties  herein  specified  as  devolving  on  the  county 
clerk,  shall  devolve  on  the  municipal  clerk.  [L.  1890,  ch.  80,  §  102 ;  R.  S. 
1899,  §  292.] 

§  2188.  Number  of  ballots  to  be  furnished.  The  county-  clerk  of 
each  county  shall  provide  for  each  election  precinct  in  the  county  as 
many  ballots  as  there  are  registered  voters  in  the  precinct  plus  25  per 
cent,  and  if  there  is  no  registry  in  the  precinct  the  county  clerk  shall 
provide  as  many  ballots  as  there  were  persons  who  voted  at  the  last  pre- 
ceding general  election  in  the  precinct  plus  25  per  cent;  Provided,  also, 
That  in  municipal  elections  it  shall  be  the  duty  of  the  municipal  clerk  to 
provide  ballots  as  specified  in  this  section.  [Chapter  69,  Session  Laws, 
1919.] 

§  2189.  Time  of  printing  ballots — Errors  corrected.  Ballots  shall 
be  printed  and  in  possession  of  the  county  clerk  at  least  ten  days,  and  of 
a  municipal  clerk  at  least  two  days,  if  possible,  before  election,  and  sub- 
ject to  inspection  by  the  candidates  and  their  agents.  If  any  mistake  is 
discovered  the  county  clerk  shall  cause  the  same  to  be  corrected  without 
delay.     [L.  1890,  ch.  80,  §  108;  R.  S.  1899,  §  294.] 

§  2190.  Order  of  court  correcting  errors.  Whenever  it  shall  appear 
by  affidavit  that  an  error  or  omission  has  occurred  in  the  publication  of 
the  names  or  description  of  the  candidates  nominated  for  office,  or  in  the 
printing  of  the  ballots,  the  district  court  of  the  county;  or  the  judge 
thereof  shall,  upon  application  of  any  elector,  by  order  require  the  county 
or  municipal  clerk  to  correct  such  error,  or  to  show  cause  why  such  error 
should  not  be  corrected.     [L.  1890,  ch.  80,  §  109;  R.  S.  1899,  §  295.] 

§  2191.  Replacing  lost  ballots.  In  case  the  ballots  to  be  furnished 
to  any  voting  precinct  in  accordance  with  the  provisions  of  law  shall  for 
any  reason  not  be  duly  delivered,  or  if  after  delivery  they  shall  be  lost, 
destroyed  or  stolen,  the  county  clerk  or  municipal  clerk,  as  the  case  may 
be,  shall  cause  other  ballots  to  be  prepared  substantially  in  the  form  of 
the  ballots  so  wanting.  The  judges  of  election,  upon  the  receipt  of  said 
other  ballots,  shall  make  a  statement  under  oath  that  the  original  ballots 
have  been  lost,  stolen  or  destroyed,  and  that  the  said  clerk  has  furnished 
them  with  the  new  ballots.  The  judges  of  election  shall  then  cause  the 
new  ballots  to  be  used  in  lieu  of  the  original  ballots.  [L.  1890,  ch.  80,  § 
107;  R.  S.  1899,  §  296.] 


CHAPTER  51. 

^  [Session  Laws,  1911.] 

RELATING  TO  ELECTIONS  AND  BALLOTS. 

Section  1.  How  ballot  shall  be  printed.  All  official  ballots  for  elec 
tions  of  public  officers,  except  school  district  officers  and  officers  in  towns 
having  a  population  of  less  than  one  thousand  people,  shall  be  uniform  in 
size,  white  in  color,  of  a  good  quality  of  paper  through  which  the  printing 


82  ELECTION  LAWS  OF  WYOMING,  1920. 

or  writing  cannot  be  read,  and  all  printing  thereon  shall  be  in  black  ink. 
The  party  name  or  title  shall  be  printed  in  capital  letters^  at  the  head  of 
each  column,  not  less  than  one-fourth  of  an  inch  in  height.  The  names  of 
candidates  shall  be  printed  in  capital  letters  not  less  than  one-eighth  of 
an  inch  nor  more  than  one-fonrth  inch  in  height. 

Sec.  2.  What  ballot  shall  contain.  Every  ballot  shall  contain  the 
name  of  every  candidate  whose  nomination  for  any  office  specified  in  the 
ballot  has  been  certified,  or  has  been  properly  filed,  in  the  office  of  the 
county  clerk,  according  to  law,  and  no  other  name.  The  name  of  a  candi- 
date shall  be  printed  upon  the  ballot  once  and  no  more.  All  nominations 
made  by  any  political  party,  casting  two  per  cent  of  the  vote  in  the  state 
at  the  last  preceding  general  election  shall  be  placed  in  a  separate  column, 
and  all  nominations  of  any  such  political  party  shall  be  placed  under  the 
name  of  such  party  as  designated  by  them  in  their  certificate  of  nomina- 
tion, petition,  or  in  any  other  paper  or  certificate  permitted  by  law.  Only 
one  word  shall  be  so  used  on  a  ballot  to  designate  the  name  of  any  poli- 
tical party.  To  the  right  of  the  party  columns  shall  be  one  or  more 
columns  for  independent  nominations.  And  the  names  of  all  independent 
candidates  shall  be  placed  in  the  proper  place  in  the  column,  or  columns 
designated  '^  Independent, "  and  after  each  such  name  shall  be  printed 
in  one  word  the  name  of  his  party  or  principle  as  given  in  his  certificate 
of  nomination. 

Sec.  3.  How  arranged.  All  columns  containing  the  names  of  candi- 
dates shall  be  separated  by  heavy  black  lines,  not  less  than  one-sixteenth 
of  an  inch  wide.  On  the  left  hand  side  of  the  ticket  shall  be  a  column 
designating  the  office  to  be  voted  for,  and  on  the  same  line  in  the  several 
columns,  under  the  appropriate  party  name,  or  title,  all  the  names  of  the 
candidates  nominated  for  that  office,  shall  be  printed. 

Sec.  4.  Square  after  each  name.  After,  and  to  the  right  of  the  name 
of  each  candidate  for  an  office,  and  within  each  party  designated  column, 
and  separated  from  the  lines  dividing  the  columns,  shall  be  a  square, 
clearly  designated  by  heavy  black  lines,  in  which  the  voter  may  designate 
by  a  cross,  his  choice  for  each  office.  There  shall  be  no  other  squares  on 
said  ballot. 

Sec.  5.  Which  party  first.  The  ticket  of  the  party  having  the  great- 
est number  of  votes  within  the  county  at  the  last  preceding  general  elec- 
tion shall  be  placed  first  on  the  ballot,  and  the  position  of  the  other  tickets 
shall  be  governed  relatively  by  the  same  rule.  In  determining  the  number 
of  votes  cast  or  had  by  the  several  political  parties,  reference  shall  be  had 
only  to  the  vote  for  representative  for  congress. 

Sec.  6.  Space  for  additional  name.  There  shall  be  left  uncler  the 
name  of  each  candidate  sufficient  space  to  write  another  name  therein,  and 
the  name  so  written,  in  such  place  and.so  designated  as  to  indicate  the 
office,  shall  be'counted  the  same  as  if  printed  upon  the  ballot  and  marked 
by  the  voter. 

Sec.  7.  Intent  of  voter.  If  any  elector  shall  mark  his'ballot  with  a 
cross  mark,  or  any  other  mark  within  the  square,  after  immediately  at  the 
right  of  the  name  of  any  candidate,  or  at  any  place  within  the  space  in 
which  the  name  appears  indicating  an  intent  to  vote  for  such  person,  it 
shall  be  deemed  a  sufficient  vote  for  the  candidate  whose  name  is  opposite. 


ELECTION  LAWS  OF  WYOMING,  1920. 


83 


Sec.  8.  Form  and  instruction.  The  ballot  hereinbefore  provided  for, 
shall  be,  with  the  instruction  hereinbefore  mentioned,  substantially  of  the 
following  form  :  ♦  ^ 

''OFFICIAL  ELECTION  BALLOT." 

For County,  Wyoming,  November ,  191__ 

Instruction — ''Mark  a  cross  in  the  square  immediately  to  the  right  of 
the  name  of  the  candidate  printed  thereon  for  whom  you  want  to  vote ;  or 
write  the  name  of  any  other  person  for  whom  you  want  to  vote,  in  the 
proper  place." 


Republican 

Democratic          |        Socialist 

For  Governor 

John  Smith    1 

David  Jones  1      I 

John  Doe        |    H 

For  Secretary 
of  State 

John  Smith 

David  Jones  1      1 

John  Doe        1      1 

For  State 
Auditor 

John  Smith 

David  Jones    1 

John  Doe        j 

Sec.  9.  Order  of  offices.  In  the  preparation ^f  the  ballot  the  order 
of  arrangement  of  offices  to  be  filled  shall  be — first,  presidential  electors, 
if  any;  second,  state  officers,  including  justice  of  the  supreme  court; 
third,  representative  in  congress;  fourth,  district  judge,  if  any;  fifth, 
members  of  senate  and  house  of  representatives;  sixth,  county  offices; 
seventh,  precinct  offices. 

Sec.  10.  Questions  submitted.  Any  question,  other  than  a^  constitu- 
tional amendment,  shall  be  printed  and  submitted  to  the  people  as  near  as 
may  be  in  accordance  with  the  manner  and  method  provided  by  law  for 
the  printing  and  submission  of  a  constitutional  amendment,  and  the  pro- 
visions of  the  law  governing  such  constitutional  amendments  shall,  as 
near  as  may  be,  apply  to  any  other  question  submitted  to  a  vote  of  the 
people. 

Sec.  11.  Hours  poll  shall  be  open.  At  all  elections  a  poll  shall  be 
opened  at  the  place*  of  election.  At  each  polling  precinct  such  poll  shall 
be  opened  as  soon  after  nine  o  'clock  in  the  forenoon  as  possible,  and  shall 
be  kept  open  without  any  adjournment  as  follows:  In  all  precincts 
wherein  prior  registration  is  by  law  required,  such  poll  shall  be  kept  open 
until  seven  o  'clock  in  the  afternoon ;  in  all  other  precincts  such  poll  shall 
be  closed  at  five  o  'clock  in  the  afternoon. 

Sec.  12.  Repeal.  Sections  2184  and  2206  of  the  Wyoming  Compiled 
Laws,  1910,  and  all  other  acts  or  parts  of  acts  in  conflict  herewith  are 
hereby  repealed. 

Sec.  5.  General  election  ballot — Non-partisan  judiciary.  After  said 
primary  election,  held  as  aforesaid,  the  county  clerk  or  other  official  whose 
duty  it  is  to  prepare  the  official  ballot  for  the  general  election  to  be  held 


84  ELECTION  LAWS  OF  WYOMING,  1920. 

in  this  state,  shall  prepare  a  separate  ballot  similar  and  substantially  in 
the  same  general  form  and  the  names  rotated  on  said  ballot  as  herein- 
before provided  :£oi»  in  this  act  for  the  nomination  of  judicial  officers  at 
the  primary  election;  and  the  two  candidates  receiving  the  highest  num- 
ber of  votes  at  the  primary  election  shall  be  entitled  to  have  their  names 
printed  on  the  official  ballot  at  the  general  election.  The  candidate  re- 
ceiving the  highest  number  of  votes  at  said  general  election  shall  be  de- 
clared duly  elected  to  the  office  for  which  said  ^te-son  was  a  candidate. 
In  all  other  respects  the  procedure  for  the  nomination  and  the  election  to 
the  offices  herein  referred  to,  shall  be  regulated  by  the  provisions  of  the 
statutes  relating  to  primary  and  general  elections  in  force  in  this  state, 
so  far  as  they  are  applicable.     [Chapter  74,  Session  Laws,  1915.] 

For  the  complete  chapter  on  Non-partisan  Judiciary,  see  pages  65-67  of  this  pamphlet. 

Sec.  5.  Ballots  for  general  election — Non-partisan  county  superin- 
tendent. After  said  primary  election  held  as  aforesaid,  the  county  clerk 
or  other  official  whose  duty  it  is  to  prepare  the  official  ballot  for  the  gen- 
eral election  to  be  held  in  this  state,  shall  prepare  a  separate  ballot  similar 
and  substantially  in  the  same  general  form,  and  the  names  rotated  on 
said  ballot  as  herein  provided  for  the  nomination  of  said  school  officers 
at  the  primary  election,  and  as  provided  in  Chapter  74,  Session  Laws  of 
1915,  for  the  nomination  of  judicial  officers ;  and  the  two  candidates  re- 
ceiving the  highest  number  of  votes  at  the  primary  election  for  each  of 
said  offices  shall  be  entitled  to  have  their  names  printed  on  the  official 
non-partisan  ballot  a't  the  general  election.  Said  ballot  for  non-partisan 
officers  may  contain  judicial  officers  and  the  same  school  officers,  arranged, 
however,  iri  separate  columns,  but  such  non-partisan  ballot  shall  be  sep- 
arate from  the  regular  T)allot  used  at  such  election  and  shall  be  deposited 
in  a  separate  ballot  box,  the  same  as  in  voting  upon  constitutional  amend- 
ments. The  candidate  receiving  the  highest  number  of  votes  at  said  gen- 
eral election  shall  be  declared  duly  elected  to  the  office  for  which  said 
person  was  a  candidate.  In  all  other  respects  the  procedure  for  the  nom- 
ination and  election  to  the  offices  herein  referred  to  shall  be  regulated  by 
the  provisions  of  the  statutes  relating  to  primary  and  general  elections  in 
force  in  fhis  state  so  far  as  they  are  applicable.  [Chapter  59,  Session 
Laws,  1917.] 

For  the  complete  chapter  on  Non-partisan  County  Superintendent,  see  pages  67-69  of  ^this 
pamphlet. 


CHAPTER  57. 

[Session  Laws,  1919.] 

ORDER  OF  NAMES  ON  BALLOTlS. 

Section  1.  It  shall  be  the  duty  of  the  county  clerk  in  preparing 
ballots  for  primary  and  general  elections  to  so  arrange  on  the  ballot 
the  offices  to  be  filled  that  the  order  will  conform  to  that  printed  on  the 
tally  sheet  in  the  poll  book. 


CHAPTER  150. 

CONDUCT  OF  ELECTIONS. 

§  2192.    Notice  to  judges  of  election.    The  board  of  county  commis- 
sioners shall  within  a  reasonable  time  notify  the  judges  of  election  ap- 


ELECTION  LAWS  OP  WYOMING,  1920.  85 

pointed  by  them  of  each  election  taking  place  within  the  county  at  which 
such  judges  should  officiate.     [L.  1890-91,  ch.  100,  §  14,  sub.  2 ;.  R.  S  1899 

§  297.] 

§  2193.  Judge  shall  give  notice  of  inability  to  serve.  Whenever  a 
judge  of  election  knows  that  he  will  be  unable  to  officiate  at  an  election,  he 
shall  notify  the  county  commissioners  in  writing  within  a  reasonable 
period  before  such  election,  that  he  will  be  unable  to  serve  thereat  [h 
1890-91,  ch.  100,  §  U,  sub.  3;  R.  S.  1899,  §  298.] 

§  2194.  Preparation  of  voting  places  and  supplies.  The  sheriff  of 
the  county  in  general  and  county  elections  and  the  city  marshal  in  munici- 
pal elections,  shall  provide  in  each  polling  place  designated  by  them,  a 
sufficient  number  of  places,  booths  or  compartments,  which  shall  be  fur- 
nished with  such  supplies  and  conveniences  as  shall  enable  the  voter  con- 
veniently to  prepare  his  ballot  for  voting,  and  in  which  electors  may  mark 
their  ballots  screened  from  observation,  and  a  guard  rail  so  constructed 
that  only  persons  within  such  rail  can  approach  within  ten  feet  of  the 
ballot  boxes  or  the  places,  booths  or  compartments  herein  provided  for. 
[L.  1890,  ch.  80,  §  112;  R.  8.^899,  §  299.] 

§  2195.  Ballot  boxes.  There  shall  be  provided  at  the  expense  of  the 
county,  for  each  polling  precinct,  a  substantial  ballot  box  or  canvas  pouch 
with  a  secure  lock  and  key.  There  shall  be  one  opening,  and  no  more,  in 
such  box  or  canvas  pouch,  of  sufficient  size  to  admit  a  single  folded  ballot. 
The  adoption  of  the  canvas  pouch  to  be  used  instead  of  the  ballot  box,  in 
any  precinct,  shall  be  optional  with  the  commissioners  of  each  county,  but 
in  such  precincts,  where  pouches  are  so  adopted,  the  pouches  shall  be  re- 
turned to  the  county  clerk  together  with  the  other  election  returns,  as  by 
law  provided.  [L.  1890,  ch.  80,  §  80;  R.  S.  1899,  §  300;  L.  1901,  ch.  29, 
§  1;  L.  1903,  ch.  15,  §  1.] 

§  2196.  Contents  of  voting  booth.  The  voting  booth  shall  not  con- 
tain anything  except  the  card  of  instructions  and  the  sample  ballot,  each 
of  which  shall  be  posted  therein,  and  necessary  writing  and  marking  ma- 
terials to  enable  the  voter  to  speedily  mark  his  ballot.  The  marking  ma- 
aterials  should  be  lead  pencils  whenever  it  is  practicable  to  obtain  the 
same,  and  ink  should  not  be  used,  if  it  can  be  avoided.  There  shall  not 
be  in  said  voting  bootli  aiy  placards,  notices  or  devices  of  any  kind  what- 
soever to  call  the  attention  of  the  voter  to  any  candidate,  or  to  urge  the 
voter  to  vote  for  any  candidate! ;  neither  shall  the  booth  contain  anything 
for  the  use  or  comfort  of  the  vt)ter,  whereby  the  claims  of  any  candidate 
are  directly  or  indirectly  urged  upon  the  voter.  The  judges  of  election 
shall  see  that  the  above  instructions  are  strictly  complied  with.  [L.  1890- 
91,  ch.  100,  §  21;  R  .S.  1899,  §  301.] 

§  2197.  Polling  places  shall  not  be  near  saloons.  No  election  shall 
be  held  nor  shall  any  election  be  appointed  to  be  held  in  any  saloon  or  bar- 
room or  in  any  room  or  place  contiguous  or  adjoining  thereto.  Should 
any  place  be  designated  or  appointed  for  holding  an  election  in  violation 
hereof,  or  become  subject  to  such  objection  after  having  been  so  desig- 
nated, the  judges  of  election  shall  have  power  to,  and  they  shall  on  or 
before  the  day  of  such  election  and  before  the  opening  of  the  polls  on  such 
day,  procure  a  suitable  place  as  near  thereto  as  may  be  not  subject  to  like 
objections.  The  judges  shall  meet  at  the  place  first  designated  at  the  time 
for  opening  the  poll,  and  after  any  vacancies  in  their  number  shall  have 


86  ELECTION  LAWS  OF  WYOMING,  1920. 

been  filled,  adjourn  to  the  place  chosen  by  them  and  at  the  time  of  such 
adjournment  give  public  notice  of  such  change  as  provided  for  in  §  2199, 
and  all  expense  attending  such  change  shall  be  certified  by  the  judges  to 
the  proper  authorities,  and  shall  be  allowed  and  paid  accordingly.  [L. 
1890,  ch.  80,  §  69 ;  R.  S.  1899,  §  302.] 

§  2198.  Change  of  polling  place.  Whenever  it  shall  become  impos- 
sible or  inconvenient  to  hold  an  election  at  the  place  designated  therefor, 
the  judges  of  election,  after  having  assembled  at  or  as  near  as  practicable 
to  such  place,  and  before  receiving  any  vote  may  change  to  the  nearest 
convenient  place  for  holding  the  election,  and  at  such  changed  place  forth- 
with proceed  with  the  election.     [L.  1890,  ch.  80,  §  70;  R.  S.  1899,  §  303.] 

§  2199.  Notice  of  change  of  polling  place.  Upon  changing  the  place 
of  any  election  as  provided  in  either  of  the  next  two  preceding  sections, 
the  judges  shall  cause  proclamation  thereof  to  be  made  and  shall  station 
a  constable  or  some  other  proper  person  at  the  place  from  which  the 
change  was  made  to  notify  all  electors  arriving  at  such  place  of  the 
change  and  the  place  to  which  it  was  made.  [L.  1890,  ch.  80,  §71;  R.  S. 
1899,  §  304.] 

§  2200.  Space  around  polls.  A  space  of  twenty  feet  in  every  direc- 
tion from  the  polls  shall  be  kept  open  and  clear  of  all  persons,  except  one 
challenger  of  good  conduct  and  behavior,  selected  by  each  political  party 
to  detect  and  challenge  illegal  voters;  Provided,  That  where  the  polling 
place  is  in  an  established  building,  or  it  would  entail  unnecessary  expense 
upon  the  county  to  build  such  a  polling  booth,  the  space  of  twenty  feet 
need  only  be  in  such  direction  from  the  building  and  in  such  way  as  would 
leave  a  clear  space  for  the  easy  entrance  and  exit  of  all  electors,  to  and 
from  the  polling  place,  without  the  hindrance  or  molestation  of  any  one. 
[L.  1890-91,  ch  .100,  §  17 ;  R.  S.  1899,  §  305.] 

§  2201.     Expense  of  polling  places — Utilizing  of  public  buildings. 

The  expenses  of  providing  such  plans  or  compartments  and  guard  rails 
shall  be  a  public  charge,  and  shall  be  provided  for  in  the  same  manner  as 
the  other  election  expenses.  In  all  cases  w^here  it  is  practicable  to  utilize 
a  building  already  constructed,  the  county  commissioners  may  use  the 
same,  or  any  school  house  or  other  public  building ;  Provided,  That  in  the 
use  thereof  they  can  secure  a  substantial  compliance  with  the  law.  [L. 
1890-91,  ch.  100,  §  19 ;  R  .S.  1899,  §  306.] 

§  2202.  Number  of  voting  booths.  The  number  of  such  places, 
booths.or  compartments  shall  not  be  less  than  one  for  every  one  hundred 
electors,  or  fraction  thereof,  registered  in  the  precinct.  [L.  1890,  ch.-80, 
^  114;  R.  S.  1899,  §307.] 

§  2203.  Approach  and  departure  from  polls.  The  voters  shall  ap- 
proach the  polling  place  from  one  direction  and  depart  in  another.  [L. 
1890,  ch.  80,  §  73 ;  R.  S.  1899,  §  308.] 

§  2204.  Electors  privileged  from  arrest — When.  Electors  shall,  in 
all  cases,  except  in  those  of  felony,  or  ])reach  of  the  peace,  be  privileged 
from  arrest  during  their  attendance  on  the  elections,  and  in  going  to  and 
returning  from  the  same.     [L.  1890,  ch.  80,  §  74;  R.  S.  1899,  §  309.] 

§  2205.  Challengers  inside  polling  place.  The  judges  of  election 
shall  permit  at  least  one  and  not  more  than  two  legal  voters  of  each  party 


ELECTION  LAWS  OF  WYOMING,  1920.  87 

to  the  contest,  to  be  chosen  by  the  parties  respectively,  to  enter  the  room 
where  the  election  is  held  to  act  as  challengers  of  voters,  and  to  remain 
during  the  time  that  the  votes  are  being  canvassed  and  the  returns  made 
up ;  such  challengers  shall  be  residents  of  the  precincts  in  which  they  act 
as  such.     [L.  1897,  ch.  53,  §  11 ;  R.  S.  1899,  §  310.] 

§  2207.  Proclamation  of  opening  and  closing  polls.  When  opening 
the  polls,  one  of  the  clerks  or  judges  of  the  election  shall  make  proclama- 
tion of  the  same  and  at  least  thirty  minutes  before  the  closing  of  the  poll 
proclamation  shall  be  made  in  like  manner  of  the  time  when  the  polls  will 
be  closed.     [L.  1890,  ch.  80,  §  66;  R.  S.  1899,  §  312.] 

§  2208.  Good  order  at  polls.  The  judges  of  election  may  appoint 
some  constable,  if  there  shall  be  one  present,  to  preserve  order  at  and 
about  the  polls.  If  no  officer  be  in  attendance,  the  judges  of  the  election 
may  appoint  one,  and  he  shall  have  the  powers  of  a  regular  constable  and 
be  obeyed  as  such.     [L.  1890,  ch.  80,  §  67;  R.  S.  1899,  §  313.] 

§  2209.  Power  of  constable  at  polls.  Any  constable  attending  sucli 
election,  or  person  appointed  by  the  judges  as  such,  may  arrest  any  dis- 
orderly person  or  suppress  any  riot  or  disorder  without  a  w^arrant,  and 
may  call  a  sufficient  number  of  persons  to  his  aid.  [L.  1890,  ch.  80,  §  68  • 
R.  S.  1899,  §  314.] 

§  2210.    Ballot  box — Public  inspection  before  election — Custody  of. 

Before  any  ballot  shall  be  deposited  in  the  ballot  box,  the  box  shall  be 
publicly  opened  and  exhibited  and  the  judges  and  clerks  shall  see  that  no 
ballot  is  in  such  box;  after  which  the  box  shall  be  locked  and  the  key 
delivered  to  one  of  the  judges  to  be  designated  by  the  others,  and  shall 
not  again  be  opened  until  the  close  of  the  polls.  The  ballot  box  shall  not 
be  removed  from  the  presence  of  judges  or  clerks  of  election  after  locking 
said  box  as  herein  provided  until  all  the  ballots  shall  be  counted  and  poll 
lists  made  of  all  the  names  on  said  ballots.  [L.  1890,  ch.  80,  §  81 ;  R.  S. 
1899,  §  315.] 

§  2211.  No  booths  necessary — When.  In  precincts  containing  less 
than  fifty  voters  as  shown  by  the  last  preceding  election  returns,  the  elec- 
tion may  be  conducted  under  the  provisions  of  this  chapter  without  the 
preparation  of  such  booths  or  compartments  as  required  by  this  chapter. 
[L.  1890-91,  ch.  100,  §  20;  R.  S.  1899,  §  316.] 

§  2212.     Duty  of  judges  upon  failure  to  receive  registry  list.    If  any 

registry  agent  or  any  county  commissioner  fail  or  refuse  to  furnish  the 
judges  of  election  of  any  precinct  lists  of  the  registered  voters  in  said  pre- 
cincts, as  provided  for  in  §§  2153  and  2159,  the  judges  of  election  are 
authorized  to  take  a  copy  of  the  written  list  of  registered  voters  in  said 
precinct  as  provided  for  by  law,  and  conduct  the  election  in  said  precinct 
in  accordance  with  the  provisions  of  this  chapter,  and  their  returns  shall 
show  the  reasons  for  using  such  written  list  instead  of  the  registered  lisf 
of  such  election.     [L.  1890,  ch.  80,  §  37 ;  R.  S.  1899,  §  317.] 

§  2213.     Cards  of  instruction  to  electors — Who  shall  furnish.     The 

county  clerk  of  each  county  or  municipal  clerk,  as  the  case  may  be,  shall 
cause  to  be  printed  in  large  type  on  cards  in  English,  instructions  for  the 
guidance  of  electors  in  preparing  their  ballots.  He  shall  furnish  six  of 
such  cards  to  the  judges  of  election  in  each  election  precinct,  and  one  ad- 
ditional card  for  each  one  hundred  registered  electors,  or  fractional  part 


88  ELECTION  LAWS  OF  WYOMING,  1920. 

thereof  in  the  precinct,  at  the  same  time  and  in  the  same  manner  as 
printed  ballots.  The  judges  of  election  shall  post  not  less  than  one  of  such 
cards  in  each  place  or  compartment  provided  for  the  preparation  of  bal- 
lots and  not  less  than  three  of  such  cards  elsewhere,  in  and  about  the 
polling  places,  upon  the  day  of  election.  Said  cards  shall  be  printed  in 
large  clear  type,  and  shall  contain  full  instructions  to  the  voter  as  to  what 
should  be  done,  viz. : 

1.  To  obtain  ballots  for  voting. 

2.  To  prepare  ballots  for  deposit  in  the  ballot  boxes. 

3.  To  obtain  a  new  ballot  in  the  place  of  one  spoiled  by  accident  or 
mistake.  Said  card  shall  also  contain  a  copy  of  §§  2214  and  2313.  There 
shall  also  be  posted  in  each  of  the  compartments  or  booths  one  of  the  of- 
ficial tickets,  without  the  official  stamp  herein  provided  for,  and  not  less 
than  three  of  such  tickets  posted  elsewhere  in  and  about  the  polling  places 
upon  the  day  of  election.     [L.  1890,  ch.  80,  §  117 ;  R.  S.  1899 ;  §  318.] 

§  2214.    Elector — What  he  may  or  may  not  do  in  voting. 

1.  No  person  shall  vote  or  offer  to  vote  at  any  election  except  he 
shall  be  a  qualified  elector. 

2.  No  person  shall  vote  in  the  name  of  any  registered  elector  except 
his  own. 

3.  No  person  shall  vote  more  than  once  at  any  election. 

4.  No  person  shall  aid  or  abet  any  unqualified  person  to  vote. 

5.  No  person,  other  than  the  properly  designated  election  officer, 
shall  put  any  ballot  or  thing  into  a  ballot  box. 

6.  No  person  shall  either  directly  or  indirectly  employ,  engage  or 
hire  any  one,  for  any  fee  or  reward  or  promise  thereof,  to  secure  the  elec- 
tion or  defeat  of  any  candidate  for  office. 

7.  No  person  shall  receive  or  demand,  either  directly  or  indirectly, 
any  fee  or  reward  for  aid  given  to  secure  the  election  or  defeat  of  any 
candidate  for  office. 

8.  No  person  shall  attempt  to  influence  the  vote  of  any  elector  by 
means  of  a  promise  or  a  favor,  or  by  means  of  violence  or  threats  of  vio- 
lence, or  threats  of  withdrawing  custom  or  dealing  in  business  or  trade, 
or  enforcing  the  payment  of  a  debt,  or  discharging  from  employment  or 
bringing  a  suit  or  criminal  prosecution,  or  any  other  threat  of  injury  to 
be  inflicted  by  him,  or  by  any  other  means. 

*  9.  No  person  shall  in  any  way  offer  a  bribe  to  an  elector  to  influence 
his  vote. 

10.  No  person  shall  prevent  or  attempt  to  prevent  any  qualified 
elector  from  voting. 

11.  No  person  shall  give  or  offer  to  give  any  valuable  thing  or  bribe 
to  any  officer,  judge  or  clerk  of  election,  as  a  consideration  for  some  act  to 
be  done  or  omitted  to  be  done,  contrary  to  his  official  duty,  in  relation  to 
any  election. 

•      32.     No  officer  of  election  shall  do  any  electioneering  on  election  day. 

13.  No  person  whatsoever  shall  do  any  electioneering  on  election 
day  within  any  polling  place,  or  any  building  in  which  an  election  is  being 
held,  or  within  twenty  yards  thereof,  nor  obstruct  the  doors  or  entries 
thereto,  or  prevent  free  ingress  to  and  egress  from  such  building  or  place. 

14.  No  person  shall  remove  any  ballot  from  the  polling  place  before 
the  closing  of  the  polls. 

15.  No  person  shall  show  his  ballot  after  it  is  marked  to  any  person 
in  such  a  way  as  to  reveal  the  contents  thereof,  or  the  name  of  the  candi- 


ELECTION  LAWS  OF  WYOMING,  1920.  89 

date  or  candidates  for  whom  he  has  marked  his  vote,  nor  shall  any  person 
solicit  any  elector  to  show  the  same. 

16.  No  person  except  a  judge  of  election  shall  receive  from  any 
elector  any  ballot  prepared  for  voting. 

17.  No  elector  shall  receif  e  a  ballot  from  any  other  person  than  one 
of  the  judges  of  election  having  charge  of  the  ballots,  nor  shall  any  person 
other  than  such  judge  of  election  deliver  a  ballot  to  such  elector. 

18.  No  elector  shall  vote  or  offer  to  vote  any  ballot  except  such  as 
he  has  received  from  a  judge  of  election  having  charge  of  the  ballots. 

19.  No  elector  shall  place  any  mark  upon  his  ballot  by  which  it  may 
afterwards  be  identified  as  the  one  voted  by  him. 

20.  Every  elector  who  does  not  vote  a  ballot  delivered  to  him  by  the 
judges  of  election  having  charge  of  the  ballots,  shall,  before  leaving  the 
polling  place,  return  such  ballot  to  said  judges. 

21.  No  person  shall  ascertain,  or  publish,  or  reveal  how  any  elector 
voted  at  any  election. 

22.  Whoever  shall'  violate  any  of  the  provisions  of  this  section  shall 
be  imprisoned  in  the  county  jail  not  to  exceed  six  months,  or  be  fined  not 
to  exceed  five  hundred  dollars,  or  both.  [L.  1890,  ch.  80,  §  174;  R.  S. 
1899,  §  319.] 

§  2215.  Poll  list — How  kept.  Each  clerk  of  election  shall  keep  a 
poll  list,  which  shall  contain  a  column  headed  ''number,"  and  another 
headed  "names  of  voters."  The  name  of  each  elector  voting  shall  be  en 
tered  upon  each  of  the  poll  books  of  the  respective  clerks  in  regular  suc- 
cession under  the  proper  headings  and  the  number  of  such  voter  placed 
opposite  his  or  her  name  in  the  column  headed  ''number."  [L.  1890,  ch. 
80,  §  64;R.  S.  1899,  §  320.] 

§  2216.  Elector  may  vote  for  any  one — Aids  to  elector  in  preparing 
ballot.  Nothing  herein  contained  shall  prevent  any  voter  from  writing  on 
his  ballot  the  name  of  any  person  for  whom  he  desires  to  vote  for  any 
office,  and  such  vote  shall  be  counted  the  same  as  if  printed  upon  the  bal- 
lot and  marked  by  the  voter.  Any  voter  may  take  with  him  into  the  poll- 
ing place  any  printed  or  written  memorandum  or  paper  to  assist  him  in 
marking  or  preparing  his  ballot,  except  as  otherwise  provided  in  §  2233. 
[L.  1890,  ch.  80,  §  103 ;  R.  S.  1899,  §  321.] 

§  2217.  Oath  of  elector  challenged.  Any  person  offering  to  vote  may 
be  challenged  and  he  shall  not  vote  until  he  has  taken  the  following  oath, 
administered  by  one  of  the  judges  of  election : 

*'You  do  solemnly  swear  (or  affirm)  that  you  are  the  identical  person 
whom  you  represent  yourself  to  be,  and  who  is  registered  in  this  precinct 
at  this  election,  and  that  you  have  not  voted  at  this  election."  [L.  1890, 
ch.  80,  §  76;  R.  S.  1899,  §  322.] 

Board  of  Carbon  Co.  v.  State,   17  Wjo.  396,   99  Pac.   1116. 

§  2218.  Oath  identifying  challenged  elector.  Such  elector  so  sworn 
shall  also  before  voting  deliver  to  the  judges  of  election  an  affidavit  signed 
by  two  qualified  electors  of  that  precinct,  stating  that  the  person  offering 
to  vote,  naming  him,  is  the  identical  person  whom  he  represents  himself 
to  be,  and  that  the  deponents  have  each  known  him  for  at  least  six  months, 
and  that  they  believe  him  to  be  a  qualified  elector.  Such  affidavit  shall 
have  attached  thereto  the  jurat  of  the  officer  administering  the  oath,  which 
jurat  shall  bear  date,  the  day  of  the  election  at  which  such  person  offers 


30  ELECTION  LAWS  OP  WYOMING,  1920. 

to  vote,  and  shall  be  returned  by  the  judges  of  the  election  with  other 
election  papers.     [L.  1890,  ch.  80,  §  76;  R.  S.  1899,  §  323.] 

Board  of  Carbon  Co.  v.   State,    17  Wyo.   396,    99  Pac.    1116. 

§  2219.    Challenged  electors  voting  shall  be  designated  in  poll  lists. 

The  clerks  of  election  shall  write  after  tlffe  name  of  every  person  who  has 
been  challenged  and  voted  the  word  ''sworn,"  and  the  names  of  the  elec- 
tors making  affidavit  to  the  qualifications  of  the  person  voting.     [L.  1890, 

ch.  80,  §  77;  R.  S.  1899,  §  324.] 

Board  of  Carbon  Co.  v.  State,   17  Wyo.  396,   99  Pac.   1116. 

§  2220.  Officers  of  election  shall  challenge.  Each  judge  or  clerk  of 
the  election  shall  challenge  any  person  whom  he  shall  know  or  suspect  of 
not  being  a  qualified  elector.     [L.  1890,  eh.  80,  §  78;  R.  S.  1899,  §  325.] 

§  2221.  Administration  of  oath  to  challenged  elector.  The  oath  in 
each  case  where  challenge  is  given  may  be  administered  by  either  of  the 
judges  of  election  or  by  any  officer,  resident  in  the  precinct,  or  district, 
authorized  by  law  to  administer  oaths.  [L.  1890,  ch.  80,  §  79;  R.  S.  1899, 
§326.] 

§  2222.    When  an  elector  who  has  not  registered  may  vote.    At  all 

elections  each  qualified  elector  who  shall  not  have  registered  as  a  voter 
according  to  law,  shall  be  entitled  to  vote  thereat,  if  the  failure  to  register 
is  caused  by  sickness  or  absence  during  the  last  preceding  registration 
period.  But  before  such  person's  vote  shall  be  accepted,  he  shall  make 
an  affidavit  in  writing,  duly  corroborated  by  the  affidavit  of  two  qualified 
electors  of  the  precinct  at  which  he  offers  to  vote,  that  he  is  a  qualified 
elector  of  the  state  and  of  the  precinct  in  which  he  offers  to  vote,  giving 
his  place  of  residence,  as  near  as  may  be,  and  stating  the  length  of  time 
he  has  resided  in  his  county  and  in  the  state,  and  that  such  person  offering 
to  vote  was  absent  or  by  sickness  unable  to  registered  during  the  last  pre- 
ceding registration  period.  Such  affidavit  shall  be  administered  by  one  of 
the  judges  of  election,  without  charge,  and  it  shall  be  returned  by  them 
with  the- poll  list.     [L.  1890-91,  ch.  100,  §  13;  R.  S.  1899,  §  327.] 

Board  of  Carbon  Co.  v.  State,   17  Wyo.  396,   99  Pac.   1116. 

§  2223.  Judges  may  assist  voter..  Any  voter  who  declares  to  the 
judges  of  election,  that  he  or  she  cannot  read,  in  case  such  person  was  a 
voter  on  the  tenth  day  of  July,  A.  D.- 1890,  or  that  by  blindness  or  other 
physical  disability,  he  or  she  is  unable  to  mark  his  or  her  ballot,  shall 
upon  request,  receive  the  assistance  of  two  of  the  election  officers,  who 
shall  not  be  members  of  the  same  political  party  in  the  marking  thereof, 
and  such  officers  shall  certify  on  the  outside  thereof  that  it  was  so  marked 
by  their  assistance,  and  shall  thereafter  give  no  information  regarding 
the  same.     [L.  1895,  ch.  48 ;  R.  S.  1899,  §  328.] 

§  2224.  Disabled  elector  may  be  sworn.  Either  of  the  judges  may 
require  such  declaration  of  disability  to  be  made  by  the  voter  under  oath 
before  them,  and  they  are  hereby  qualified  to  administer  the  same.  No 
elector  other  than  one  who  may,  because  of  his  disability  to  read,  or  phy- 
sical disability,  be  unable  to  mark  his  ballot,  shall  divulge  to  any  one 
within  the  polling  place  the  name  of  any  candidate  for  whom  he  intends 
to  vote  or  to  ask  or  receive  the,  assistance,  of  any  person  within  the  polling 
place  in  the  preparation  of  his  ballot.  [L.  1890,  ch.  80,  §  127;  R.  S.  1899, 
§  329.] 

Slaymaker  v.  Phillips,   5  Wyo.  460,   40  Pac.  971,   42  Pac.   1049,   47  L.  R.  A.   824. 


ELECTION  LAWS  OF  WYOMING,  1920.  -  91 

§  2225.    Who  allowed  within  rail — Electors  shall  not  be  disturbed. 

No  person  other  than  electors  engaged  in  receiving,  preparing  or  deposit- 
ing their  ballots,  or  a  person  present  for  the  purpose  of  challenging  the 
vote  of  an  elector  about  to  cast  his  ballot  shall  be  permitted  to  be  within 
the  rail,  and  in  case  of  small  precincts  where  places,  booths  and  compart- 
ments are  not  required,  no  persons  engaged  in  preparing  their  ballots 
shall  in  any  way  be  interfered  with  by  any  person  unless  it  be  some  one 
authorized  bv  the  provisions  of  the  election  laws  to  assist  him  or  them  in 
preparing  his  or  their  ballots.     [L.  1890,  ch.  80,  §  116;  R.  S.  1899,  §  330.] 

§  2226.  Booth,  who  may  occupy— Time  of  occupancy.  Not  more 
than  one  person  shall  be  permitted  to  occupy  any  one  booth  at  any  one 
time,  and  no  person  shall  remain  in  or  occupy  a  booth  or  compartment 
longer  than  may  be  necessary  to  prepare  his  ballot  and  in  no  event  longer 
than  five  minutes,  if  the  other  booths  or  compartments  are  occupied.  [L. 
1890,  ch.  80,  §  123;  R.  S.  1899,  §  331.] 

§  2227.  Return  of  spoiled  official  ballots — Limitation.  A^y  voter 
who  shall  by  accident  or  mistake  spoil  his  ballot  may,  on  returning  such 
spoiled  ballot,  and  not  otherwise,  receive  another  in  place  thereof,  but  no 
voter  shall  receive  more  than  three  ballots  altogether.  [L.  1890,  ch.  80, 
§  124;  R.S.  1899,  §332.] 

§  2228.  Official  ballSt  shall  not  be  removed.  No  person  shall  take  or 
remove  any  ballot  from  the  polling  place  before  the  close  of  the  polls.  [L. 
1890,  ch.  80,  §  125 ;  R.  S.  1899,  §  333.] 

§  2229.  Duty  of  judges  of  election — Endorsed  ballots.  It  will  be  the 
duty  of  the  judges  of  election  to  see  that  the  official  endorsement  herein 
provided  for  appears  upon  each  ballot  before  the  same  is  deposited  in  the 
ballot  box.     [L.  1890,  ch.  80,  §  129 ;  R.  S.  1899,  §  334;  L.  1907,  ch.  54,  §  1.] 

Slayinaker  v.  Phillips,  5  Wyo.  460,  40  Pac.  971,  42  Pac.  1049,  47  L.  R.  A.  824;  Board 
of  Carbon  Co.   v.   State,    17   Wyo.   408,    409,    99   Pac.    1116. 

§  2230.    Return  of  spoiled  and  unused  ballots  by  judges  of  election. 

All  ballots  spoiled  by  the  voter  shall  by  the  judges  be  immediately  can- 
celed and  together  with  those  not  distributed  to  voters  shall  be  preserved 
and  all  returned  to  the  county  or  municipal  clerk  as  the  case  may  be, 
when  the  returns  required  by  §  2239  are  made.  [L.  1890,  ch.  80,  §  129 ; 
R.  S.  1899,  §  335.] 

§  2231.  Designation  of  judges  to  deliver  official  ballots.  At  each 
election  the  judges  of  election  shall  designate  two  of  said  judges  who  shall 
deliver  the  ballots  to  the  qualified  electors.  Before  the  delivering  of  any 
ballot  to  an  elector  the  said  judges  shall  print  on  the  back  and  near  the 
top  of  the  ballot  with  a  rubber  or  otlier  stamp  provided  for  that  purpose 
the  designation  "Official  ballot,'-'  and  the  other  words  on  the  said  stamp 
as  provided  for  in  §  2185,  and  one  of  the  said  judges  shall  write  his  name 
or  initials  upon  the  back  of  each  ballot,  and  directly  under  the  said  official 
stamp.  No  number  or  any  mark  for  identication  shall  be  put  upon  any 
official  ballot  except  as  herein  provided.  Each  qualified  elector  shall  re- 
ceive from  the  said  judges  one  ballot  prepared  as  aforesaid.  [L.  1890,  ch. 
80,  §119;R.  S.  1899,  §  336.] 

'Slaymaker  v  Phillips,  5  Wyo.  460,  40  Pac.  971,  42  Pac.  1049.  47  L.  R.  A.  824;  Board 
of  Carbon  Co.  v.   State,    17  Wyo.   408,   409,   99   Pac.    1116. 

§  2232.  ^Preparation  of  ballot.  On  receipt  of  his  ballot,  the  elector 
shall  forthwith  and  without  leaving  the  polling  place,  retire  alone  to  one 
of  the  places,  booths  or  compartments  provided  for  that  purpose  and  there 


92  ELECTION  LAWS  OF  WYOMING,  1920. 

prepare  his  ballot  as  indicated  in  §  2184.     [L.  1890,  ch.  80,  §  120 ;  L.  1897, 
ch.  53,  §  18;  R.  S.  1899,  §  337.] 

Slaymaker  v.  Phillips,  5  Wyo,  460,  40  Pac.  971,  47  L.  R.  A.  824;  Hamilton  v.  Turner, 
13  Wyo.  418,   80  Pac.  664. 

§  2233.  Elector  may  use  unofficial  ballot  to  aid  in  marking*  official 
ballot.  In  marking  a  ballot  any  elector  shall  be  at  liberty  to  use  or  copy 
any  unofficial  sample  ballot  which  he  may  choose  to  mark  or  have  marked 
previous  to  entering  the  polling  place  or  booth,  but  no  elector  shall  be  at 
liberty  to  use,  and  no  person  shall  print,  have  printed,  or  have  in  his  pos- 
session, any  unofficial  or  sample  ballot  unless  the  same  is  printed  on  red, 
yellow  or  blue  paper,  and  is  plainly  marked  at  the  top  thereof  ''Sample 
ballot."     [L.  1897,  ch.  53,  §  19;  K  S.  1899,  §  338.] 

§  2234.  Casting  of  official  ballot  by  elector.  After  preparing  his  bal- 
lot the  elector  shall  fold  it  so  that  the  face  of  the  ballot  will  be  concealed, 
and  so  that  the  endorsement  thereon  may  be  seen.  He  shall  then  vote 
forthwith  and  before  leaving  the  polling  place.  [L.  1890,  ch.  80,  §  122; 
R.  S.  1809,  §  339.] 

Slaymaker  v.  Phillips,  5  Wyo.  460,   40  Pac.  971,  42  Pac.   1049,   47  L.  R.  A.  824. 


CHAPTER  151.   • 

CANVASP  AND  RETURNS. 

§  2235.  Canvass  of  ballots  cast.  As  soon  as  the  polls  of  the  election 
shall  be  closed  the  judges  shall  proceed  immediately  to  canvass  the  vote 
given  and  shall  continue  without  adjournment  until  the  canvass  is  com- 
pleted. The  canvass  must  commence  by  a  comparison  of  the  poll  lists  and 
they  must  be  made  to  agree ;  the  ballot  box  shall  then  be  opened  and  the 
ballots  counted  by  the  judges  and  clerks,  unopened,  and  if  there  are  more 
ballots  than  names  upon  the  poll  list,  the  ballots  must  be  returned  to  the 
box,  shaken  up,  and  one  of  the  judges  shall  draw  from  such  box  ballots 
enough  to  make  the  remainder  agree  with  the  poll  list,  which  ballots  so 
drawn  shall  be  destroyed,  and  two  or  more  ballots  being  found  so  folded 
as  to  bear  the  appearance  of  having  been  voted  by  one  person  shall  not  be 
counted,  but  preserved  with  the  poll  books ;  the  poll  list  and  ballots  being 
made  to  agree,  the  judges  and  clerks  shall  then  proceed  to  count  and  as- 
certain the  number  of  votes  for  each  person  named  upon  such  ballots.  [L. 
1890,  ch.  80,  §  131;  R.  S.  1899,  §  340.] 

Slaymaker  v.  Phillips,  5  Wyo.  460,  40  Pac.  971,  42  Pac.  1049,  47  L.  R.  A.  824;  Board 
of  Carbon  Co.  v.   State,    17  Wyo.  394,   99  Pac.   1116. 

§  2236.  Record  and  certificate  of  ballots  cast.  When  the  votes  shall 
have  been  examined  and  counted,  the  cl*erks  shall  set  down  in  their  poll 
books  the  total  number  of  persons  voting  in  such  precinct  at  such  election ; 
the  name  of  every  person  voted  for,  written  at  full  length ;  the  office  for 
which  said  person  receives  such  vote,  and  the  number  he  did  receive,  the 
numbers  being  expressed  in  words  at  full  length,  and  also  in  figures,  such 
entry  to  be  made  substantially  in  the  following  form,  to-wit : 

''At  an  election  held  in  polling  precinct  No in  election  district 

No in county,  Wyoming,  on  the day  of 

,  A.  D ,  the  total  number  of  persons  voti«g  was 

and  the  following  named  persons  received  the  number  of  votes  annexed  to 
their  respective  names  for  the  following  officers:  (Here  insert  names  of 
candidates  voted  for  with  office  and  number  of  votes  received,  the  number 


-     ELECTION  LAWS  OF  WYOMING,  1920.  93 

of  votes  received  in  each  case  to  be  spelled  out  in  full  as  well  as  written  in 
figures.)     Certified  by  us. 


Judges  of  Election. 

Attest : 


Clerks  of  Election. 

Dated  at this day  of 

A.  D " 

As  soon  as  all  the  votes  shall  have  been  read  off  and  counted,  the 
judges  and  clerks  of  election  shall  make  out  and  sign  a  certificate  under 
their  hands,  as  above  provided;  and  shall  make  out  and  sign  a  duplicate 
record  and  certificate  of  the  ballots  cast,  which  duplicate  shall  be  sent 
forthwith  by  messenger  or  by  registered  mail  to  the  office  of  the  secretary 
of  state.    [Chapter  103,  Session  Laws,  1913.] 

§  2237.  Rejection  of  ballots.  In  the  canvass  of  votes  if  it  shall  ap- 
pear that  there  is  a  greater  number  of  ballots  in  the  box  than  the  number 
called  for  by  the  poll  list  it  shall  be  the  duty  of  the  judges  to  reject  any 
ballots  which  are  not  endorsed  with  the  official  stamp  or  which  have  not 
endorsed  the  initials  or  name  of  the  judge  of  election,  as  provided  by  law, 
until  the  number  of  ballots  in  the  box  shall  agree  with  the  number  on  the 
poll  list.  Any  ballot  or  parts  of  a  ballot  from  which  it  is  impossible  to  de- 
termine the  elector's  choice  shall  be  void  and  shall  not  be  counted;  Pro- 
vided, That  when  a  ballot  is  sufficiently  plain  to  gather  therefrom  the 
voter's  intention  as  to  one  or  more  of  the  candidates,  it  shall  be  the  duty 
of  the  judges  of  election  to  count  the  same  to  the  extent  to  which  the 
voter's  intention  may  be  so  gathered,  notwithstanding  the  failure  of  the 
voter  to  mark  his  ballot  strictly  in  accordance  to  the  instructions.  [L. 
1890,  ch.  80,  §  130;  R.  S.  1899,  §  341 ;  L.  1907,  ch.  54,  §  2.] 

Slaymaker  v.  Phillips,  5  Wyo.  460,  40  Pac.  971,  42  Pac.  1049,  47  L.  R.  A.  824;  Hamilton 
V.  Turner,  13  Wyo.  418,  80  Pac.  664;  Board  of  Carbon  Co.  v.  State,  17  Wyo.  408,  99  Pac.  1116. 

§  2238.  Saving  clause  omitted.  Chapter  54  of  the  Laws  of  1907 
amended  §§  334  and  341  of  the  Revised  Statutes  of  1899,  which  are  in  cor- 
porated  as  §§  2229  and  2237  of  this  volume,  respectively.  A  saving  clause 
appearing  in  the  chapter  as  to  election  contests  pending  and  undetermined 
on  February  27th,  1907,  being  of  a  temporary  nature,  is  omitted. — Com- 
piler.    [L.  1907,  ch.  54,  §  3.] 

§  2239.  Delivery  of  election  records  and  return.  The  judges  of  elec- 
tion shall  then  enclose  and  seal  one  of  the  poll  books  together  with  all  the 
ballots  cast  and  affidavits  of  electors  concerning  the  qualification  of  per- 
sons voting,  all  ballots  returned  by  voters  as  spoiled  and  all  ballots  not 
cast,  accounting  for  those  posted  as  by  law  required,  under  cover  directed 
to  the  county  clerk  of  the  county  in  which  such  election  is  held  or  munici- 
pal clerk  as  the  case  may  be,  and  the  packet  thus  sealed  shall  be  con- 
veyed by  one  of  the  judges  or  clerks  of  election  to  be  determined  by  lot  if 
they  cannot  agree  otherwise,  and  the  said  packet  shall  be  delivered  to  the 
postmaster  at  the  nearest  post.office  and  registered  within  forty-eight 
hours  from  the  closing  of  the  polls.  The  judges  of  election  shall  retain 
the  other  poll  book  in  their  possession.  [L.  1890,  ch.  80,  §  133 ;  R.  S.  1899, 
§  343.] 

Board  of  Carbon  Co.  v.  State,   17  Wyo.  395,   99  Pac.   1116. 


94  ELECTION  LAWS  OF  WYOMING,  1920. 

§  2240.  Preservation  of  official  ballots  cast.  All  the  ballots  counted 
by  the  judges  of  election  shall,  after  being  read,  be  strung  upon  a  strong 
thread  or  twine  in  the  order  in  which  they  have  been  read,  and  shall  be  de- 
livered, together  with  the  poll  books,  to  the  clerk  as  hereinbefore  specified, 
who  shall  carefully  preserve  said  ballots  for  six  months,  and  at  the  expira- 
tion of  that  time  shall  destroy  them  by  burning  without  tire  package  being 
previously  opened;  Provided,  If  any  contest  of  election  shall  be  pending 
in  which  such  ballots  may  be  required  as  evidence,  the  same  shall  not  be 
destroyed  until  such  contest  is  finally  determined.  [L.  1890,  ch.  80,  §  134; 
R.  S.  1899,  §  344.] 

Board  of  Carbon  Co.  v.   State,   17  Wyo.   395,   99  Pac.   1116. 

§  2241.    Informality  in  delivery  of  returns  shall  not  invalidate  vote. 

Informality  in  the  delivery  of  the  returns,  as  specified  in  §  2239,  in  the 
absence  of  fraud  shall  not  invalidate  the  vote  of  any  precinct.  If  at  an 
election,  any  polling  precinct  is  not  opened,  and  no  ballots  cast  therein, 
such  failure  shall  not  invalidate  such  election.  [L.  1890,  ch.  80,  §  135;  R. 
S.  1899,  §  345.] 

Board  of  Carbon  Co.  v.   State,   17  Wyo.   395,   99  Pac.   1116. 

§  2242.  Messenger  for  county  election  returns.  Should  the  returns 
from  such  election  be  not  received  by  the  county  clerk  within  ten  days  of 
the  time  such  election  w^as  held,  then  the  county  clerk  may  send  a  special 
messenger,  whose  mileage  and  per  diem  shall  be  paid  by  the  county  as  in 
other  cases.  The  judges  of  election  shall  make  out  a  certified  copy  of  the 
poll  book  of  such  election  in  their  possession,  enclose  and  seal  the  same 
and  deliver  the  same  to  said  messenger.  [L.  1890,  ch.  80,  §  136;  R.  S. 
1899,  §  346.] 

§  2243.  Abstract  of  votes  and  certificate  of  election.  On  the  fif- 
teenth day  after  the  close  of  any  county  or  general  election,  or  sooner  if 
all  returns  be  received,  the  clerk  of  the  county,  taking  to  his  assistance 
two  justices  of  the  peace  of  his  county,  (one  of  whom  shall  be  of  a  dif- 
ferent political  party  from  the  clerk,  if  such  an  one  can  be  found)  shall 
proceed  to  open  said  returns  and  make  abstracts  of  the  votes  in  the  fol- 
lowing manner.  An  abstract  of  votes  for  presidential  electors,  state  of- 
ficers, justices  of  the  supreme  court,  representatives  in  congress  and  dis- 
trict judge  shall  be  on  one  sheet,  and  an  abstract  of  votes  for  members  of 
the  senate  and  house  of  representatives  shall  be  on  another  sheet,  and  an 
abstract  of  the  votes  for  county  and  precinct  officers  shall  be  on  another 
sheet,  which  abstracts  shall  show  in  detail  the  number  of  votes  cast  in 
each  and  every  precinct,  for  each  one  of  the  candidates  for  the  herein- 
before mentioned  offices,  the  total  number  of  ballots  received  by  the 
county  clerk  from  electors  who  were  absent  from  their  respective  pre- 
cincts on  election  day  and  who  cast  their  ballots  in  accordance  with  the 
provisions  of  Sections  2093,  2094  and  2095,  Wyoming  Compiled  Statutes, 
1910,  and  amendments  thereto,  the  *  number  of  such  ballots  from  absent 
electors  which  were  counted  for,  and  made  a  part  of  the  total  number  of 
votes  cast  in,  each  and  every  precinct,  and  the  total  number  of  votes  cast 
for  each  of  the  said  candidates,  and  each  of  which  abstracts  shall  be 
signed  by  the  county  clerk  and  the  two  justices;  and  the  county  clerk 
shall  immediately  make  out  a  certificate  of  election  to  each  of  the  persons 
having  the  highest  number  of  votes  for  county  and  precinct  officers,  re- 
spectively, and  deliver  such  certificate  to  the  person  entitled  to  it  on  his 
making  application  for  the  same  to  the  clerk  at  his  office.  [Chapter  103, 
Session  Laws,  1913.] 

*See  Sec.  2097,  page  43,  in  regard  to  record  of  ballots  of  absent  voters. 


ELECTION  LAWS  OF  WYOMING,  1920.  1)5 

§  2244.  All  returns  shall  be  counted  by  canvassing  board.  In  can- 
vassing the  returns  the  vote  of  every  precinct  returned  within  fifteen  days 
after  the  election  to  the  county  clerk  shall  be  counted-  and  the  canvassers 
shall  not  throw  out  the  vote  of  anv  precinct  so  returned.  [L.  1890,  eh.  80, 
§  138;  R.  S.  1899,  §  348.] 

state  V.  Barber,  4  Wyo.  56,  32  Pac.  14;  Board  of  Carbon  Co.  v.  State,  17  Wyo.  394, 
99  Pac.   1116. 

§  2245.  Certificate  of  election  returns  by  county  clerk  to  secretary 
of  state.  The  county  clerk  immediately  after  making  out  abstracts  of  the 
votes  given  in  his  county,  shall  make  a  copy  of  such  abstract  and  transmit 
the  same  by  mail  or  by  some  proper  person  to  the  office  of  the  secretary  of 
state,  aiTd  it  shall  be  the  duty  of  the  county  clerk  to  certify  that  such  copy 
of  the  abstract  of  votes  is  a  full,  trite  and  correct  copy  of  the  abstract  of 
the  returns  of  all  votes  cast  in  the  county,  and  when  the  returns  are 
opened  and  the  abstracts  of  the  votes  are  made  before  fifteen  days  have 
elapsed,  the  county  clerk  shall  certify  that  the  returns  from  each  and 
every  precinct  have  been  received  and  have  been  counted  and  are  em- 
bodied in  such  abstract.     [L.  1890,  ch.  80,  §  139;  R.  S.  1899,  §  349.] 

§  2246.    Messenger  from  secretary  of  state  to  secure^lection  returns. 

If  the  returns  of  the  election  of  any  county  shall  not  be  received  at  the 
office  of  the  secretary  of  state  within  thirty  days  after  the  election,  the 
secretary  shall  forthwith  send  a  messenger  to  the  county  clerk  of  such 
county  whose  duty  it  shall  be  to  furnish  such  messenger  with  a  copy  of 
the  abstract  aforesaid,  and  the  said  messenger  shall  be  paid  out  of  the 
state  treasury  the  sum  of  three  dollars  per  day  for  each  day  necessarily 
employed,  and  fifteen  cents  per  mile  for  each  mile  he  shall  necessarily 
travel  in  going  to  and  returning  from  the  office  of  said  clerk.  [L.  1890, 
ch.  80,  §  140;  R.  S.  1899,  §  350.] 

state  V.  Chatterton,   12  Wyo.  170,   73  Pac.  961. 

§  2247.  State  canvassing  board — Notice  of  election.  The  secretary, 
au/litor  and  treasurer  of  the  state,  or  any  two  of  them,  in  the  presence  of 
the  governor,  shall  proceed  within  thirty  days  after  the  election,  and 
sooner  if  all  the  returns  be  received,  to  canvass  the  vote  for  presidential 
electors,  state  officers,  justices  of  the  supreme  court,  representative  in 
congress,  district  judges  and  all  members  of  the  senate  and  house  of  rep- 
resentatives;  shall  compare  the  results  of  such  canvass  with  the  returns 
of  the  election  as  received  from  the  judges  and  clerks  of  the  election,  as 
provided  in  Section  2236,  which  returns  shall  be  opened  and  tabulated  by 
the  secretary  of  state  as  soon  as  received;  and  shall  make  and  file  in  the 
office  of  the  secretary  of  state  a  certificate  signed  by  them  and  containing 
a  statement  of  the  votes  so  canvassed  and  the  result  thereof.  The  gover- 
nor shall  then  give  a  certificate  of  election  to  each  of  the  persons  having 
the  highest  number  of  votes  for  each  office.  [Chapter  103,  Session  Laws, 
1913.1 


CHAPTER  152. 
ELECTION  CONTESTS. 


§  2248.  Legislature  shall  determine  contest  of  members.  The  senate 
and  house  of  representatives  shall  respectively  hear,  and  determine  con- 
tests of  the  election  of  any  of  their  respective  members.  [L.  1890,  ch.  80, 
§  144;  R.  S.  1899,  §  352.] 


96  ELECTION  LAWS  OF  WYOMING,  1920. 

§  2249.    District  court  shall  determine  election  contests  in  counties. 

'The  district  court  of  each  county  shall  hear  and  determine  contests  of  the 
election  of  all  county,  precinct  and  municipal  officers  in  that  county,  and 
all  contests  relating  to  the  removal  of  county  seats  or  relating  to  any 
other  subject  which  may  be  submitted  to  the  vote  of  the  electors  of  such 
county.     [L.  1890,  ch.  80,  §  145;  R.  S.  1899,  §  353.] 

§  2250.  Who  may  contest  election  of  legislator.  The  election  of  any 
member  declared  duly  elected  to  a  seat  in  the  senate  or  house  of  repre- 
sentatives may  be  contested  by  any  qualified  voter  of  the  county  or  dis- 
trict to  be  represented  by  such  member  of  the  senate  or  house  of  repre- 
sentatives.    [Jj.  1890,  ch.  80,  §  146;  R.  S.  1899,  §  354.] 

§  2251.  Notice  of  legislative  contests.  The  contestants  shall,  within 
thirty  Says  after  the  result  of  the  election  shall  have  been  determined, 
serve  on  the  person  whose  election  he  will  contest,  a  notice  of  his  inten- 
tion to  contest  such  election  expressing  the  points  on  which  the  same  will 
be  contested,  and  shall  also  on  or  before  the  next  session  of  the  legislature, 
deliver  a  copy  of  such  notice  to  the  secretary  of  state,  and  in  case  the  per- 
son whose  electiyp  is  contested  is  absent  from  the  county  of  his  residence, 
or  cannot  be  found  therein,  service  may  be  had  by  leaving  a  copy  of  such 
notice  at  his  last  or  usual  place  of  residence  with  some  person  of  suitable 
age  and  discretion.     [L.  1890,  ch.  80,  §  147;  R.  S.  1899,  §  355.] 

§  2252.  Notice  of  taking  deposition  in  legislative  contests.  When- 
ever a  notice  shall  have  been  given  of  intention  to  contest  an  election  as 
provided  in  the  next  preceding  section,  either  party  may  proceed  to  take 
testimony  of  any  witness  before  any  officer  authorized  to  take  and  certify 
depositions  on  giving  to  the  adverse  party  or  his  attorney  ten  days '  notice 
of  the  time  and  place  of  taking  the  same,  and  one  day  in  addition  thereto, 
Sunday  excluded,  for  every  fifty  miles  travel  from  the  place  of  residence 
of  such  party  to  the  place  where  such  deposition  is  to  be  taken.  If  the 
party  entitled  to  notice  resides  in  the  county  where  the  deposition  is  to  be 
taken,  five  days'  notice  shall  be  sufficient.  [L.  1890,  ch.  80,  §  148;  R.'S. 
1899,  §  356.] 

§  2253.  Enforcing  the  production  of  evidence  and  attendance  of 
witnesses.  The  officer  before  whom  depositions  are  taken  shall  have  the 
power  to  compel  the  production  of  papers  and  the  attendance  of  witnesses 
and  the  same  proceedings  may  be  had  to  compel  the  attendance  of  wit- 
nesses as  are  provided  in  the  cases  of  taking  depositions  to  be  used  in  the 
district  courts.     [L.  1890,  ch.  80,  §  149;  R.  S.  1899,  §  357.] 

§  2254.  Manner  of  certifying  and  transmitting  depositions.  A  copy 
of  the  notice  to  take  depositions  with  proof  of  the  service  thereof  together 
with  the  deposition  shall  be  sealed  up  and  transmitted  by  mail  or  other- 
wise to  the  secretary  of  state  with  an  endorsement  thereon  showing  the 
names  of  the  contesting  parties,  the  office  contested,  and  the  nature  of  the 
papers.    [L.  1890,  ch.  80,  §  150 ;  R.  S.  1899,  §  358.] 

§  2255.  Notice  of  contest  to  legislature.  The  secretary  of  state  shall 
deliver  the  copy  of  the  notice  deposited  with  him  by  the  contestant  and 
the  depositions  unopened  to  the  presiding  officer  of  the  branch  of  the 
legislature  to  which  the  contest  relates,  on  or  before  the  second  day  of  its 
session  next  after  th-e  receipt  of  the  same,  and  the  presiding  officer  shall 
immediately  give  notice  to  his  house  that  such  papers  are  in  his  possession. 
[L.  1890,  ch.  80,  §  151;  R.  S.  1899,  §  359.] 


ELECTION  LAWS  OP  WYOMING,  1920.  97 

§  2256.  Legislature  may  procure  all  evidence.  Nothing  in  this  chap- 
ter contained  shall  be  construed  to  abridge  the  right  of  either  house  of  the 
legislature  to  grant  commissions  to  take  depositions  or  to  send  for  and 
examine  any  witness  it  may  desire  to  hear  on  such  trial  or  to  declare  the 
right  of  membership  to  their  respective  houses.  [L.  1890,  ch.  80,  §  152; 
R.  S.  1899,  §  360.] 

§  2257.    Who  may  contest  election  of  county  and  other  officers.    The 

election  of  any  person  declared  elected  to  any  office  other  than  member  of 
the  senate  or  house  of  representatives  may  be  contested  by  any  elector  of 
the  county,  town  or  precinct,  ward  or  city,  for  which  the  person  is  de- 
clared elected.     [L.  1890,  ch.  80,  §  153 ;  R.  S.  1899,  §  361.] 

§  2258.    Petition  to  contest  election  of  county  and  other  officers.    The 

person  desiring  to  contest  such  election  shall,  within  thirty  days  after  the 
person  whose  election  is  contested  is  declared  elected,  file  with  the  clerk  of 
the  district  court  of  that  county  a  petition  in  writing  setting  forth  the 
points  on  which  he  will  contest  the  election,  which  petition  shall  be  veri- 
fied by  affidavit  of  the  party  bringing  such  contest,  as  in  pleadings  in  the 
district  court.     [L.  1890,  ch.  80,  §  154;  R.  S.  1899,  §  362.] 

Sawin  v.  Pease,  6  Wyo.  101,  42  Pac.  750. 

§  2259.    Notice  of  contest  of  election  of  county  and  other  officers.. 

Upon  the  filing  of  such  petition  summons  shall  issue  against  the  person 
whose  office  is  contested  and  he  may  be  served  with  process  or  notified  to 
appear,  in  the  same  manner  as  is  provided  in  civil  actions  in  the  district 
court.     [L.  1890,  ch.  80,  §  155;  R.  S.  1899,  §  363.] 

Sawin  v.  Pease,   6  Wyo.  101,  42  Pac.  750. 

§  2260.  Evidence  in  contest  cases — How  taken.  Evidence  may  be 
taken  in  the  same  manner  and  upon  like  notice  as  in  civil  actions  in  dis- 
trict court,  and  such  cases  shall  be  tried  in  like  manner  as  in  civil  actions. 
[L.  1890,  ch.  80,  §  156;  R.  S.  1899,  §  364.] 

Sawin  v.  Pease,   6  Wyo.  101,  42  Pac.  750. 

§  2261.    Contest  in  questions  submitted  to  electors — Procedure.    Any 

five  electors  of  the  county,  city  or  town,  may  contest  an  election  upon  any 
subject  which  may  by  law  be  submitted  to  a  vote  of  the  people  of  the 
county,  city  or  town,  upon  filing  in  the  district  court  of  the  county  within 
thirty  days  after  the  result  of  the  election  shall  have  been  determined,  a 
petition  in  like  form  as  in  other  cases  of  contested  elections  in  the  district 
court.  The  county,  city  or  town,  as  the  case  may  be,  shall  be  made  de- 
fendant, and  process  shall  be  served  as  in  civil  actions  against  the  county, 
and  like  proceedings  shall  be  had  as  in  other  cases  of  contested  elections 
before  such  court.     [L.  1890,  ch.  80,  §  157;  R.  S.  1899,  §  365.] 

§  2262.  When  electors  may  defend  contest.  In  case  the  county,  city 
or  town  board  shall  fail  or  refuse  to  defend  such  contest,  the  court  shall 
allow  any  one  or  more  electors  of  the  county,  town  or  city,  to  appear  and 
defend,  in  which  case  the  electors  so  defending  shall-be  liable  for  the  costs 
in  case  the  judgment  of  the  court  shall  be  in  favor  of  the  contestants.  [L. 
1890,  ch.  80,  §  158;  R.  S.  1899,  §  366.] 

§  2263.  Contest  settled  by  court.  The  judgment  of  the  court  in 
cases  of  contested  elections  shall  confirm  or  annul  the  election,  according 
to  the  right  of  the  matter,  or  in  case  the  contest  is  in  relation  to  the  elec- 
tion of  some  person  to  an  office,  shall  declare  as  elected  the  person  who 
shall  appear  to  be  duly  elected.    [L.  1890,  ch.  80,  §  159 ;  R.  S.  1899,  §  367.] 


98  ELECTION  LA^S  OF  WYOMING,  1920. 

§  2264.  Tie  vote — New  election.  If  it  appears  that  two  or  more  per- 
sons have  received,  or  would  have  received,  if  the  legal  number  of  ballots 
cast,  or  intended  to  be  cast  for  them  had  been  counted,  the  highest  and 
equal  number  of  votes  for  the  same  office,  it  shall  be  declared  that  there 
has  been  no  choice,  and  a  new  election  shall  be  had  as  in  other  cases  of 
vacancy  in  public  office.     [L.  1891,  ch.  100,  §  23;  R.  S.  1899,  §  368.] 

§  2265.  Procedure  in  case  of  tie  vote  for  county  office.  When  it  shall 
ap[)ear  upon  the  official  canvass  of  any  vote  cast  at  any  general  election, 
that  two  or  more  persons  have  each  received  the  highest  and  equal  number 
of  the  votes  cast  at  such  election,  for  that  office,  and  the  office  to  be  filled 
be  a  county  office,  then  the  board  of  county  commissioners  shall  meet  be- 
fore the  first  day  of  January  next  succeeding  such  election,  and  determine 
by  vote  of  such  commissioners,  which  of  the  persons  having  such  tie  vote 
(Shall  be  declared  elected,  and  such  vote  of  the  board  of  county  commis- 
sioners shall  be  made  a  matter  of  record  by  the  county  clerk,  and  he  shall 
issue  to  the  person  so  elected  a  certificate  of  his  or  her  election.  [L.  1895, 
oh.  112,  §  1 ;  R.  S.  1899,  §  369.  | 

§  2266  .  Procedure  in  case  of  tie  vote  for  state  officer.  When  upon 
i,ue  official  canvass  of  any  vote  cast  at  any  general  election  for  a  state  of- 
ficer, it  shall  appear  that  two  or  more  persons  having  received  an  equal 
and  highest  number  of  votes  cast  for  that  office,  it  shall  be  the  duty  of  the 
state  legislature,  convening  in  January  next  succeeding  such  election,  to 
meet  in  joint  session  of  the  senate  and  house  of  representatives  upon  the 
first  day  of  the  session  thereof,  or  as  soon  thereafter  as  both  houses  shall 
be  duly  organized,  and  determine  the  tie  vote,  by  vote  in  the  manner 
provided  for  the  election  of  United  States  senators,  and  the  result  shall  be 
certified  to  the  secretary  of  state  by  the  president  of  the  state  senate,  who 
shall  preside  at  such  joint  session.  And  it  shall  be  the  duty  of  the  secre- 
tary of  state  to  issue  to  the  person  so  chosen  a  certificate  of  his  or  her  elec- 
tion.    [L.  1895,  ch.  112,  §  2 ;  R.  S.  1899,  §  370.] 

state  V.  Brooks,   14  W>o.  412,   84  Pac.  488,   6  L.  R.  A.    (N.  S.)    750. 

§  2267.  Duty  of  court  in  case  of  tie  vote.  If  it  shall  appear  upon 
any  contested  election  in  any  court  of  this  state,  that  two  or  more  persons 
have  received  an  equal  and  higher  number  of  legal  votes  cast  for  that 
office,  it  shall  be  the  duty  of  such  court  to  refer  the  decision  of  the  matter 
to  either  the  board  of  county  commissioners  or  the  state  legislature  for 
action  therein,  as  provided  in  the  two  preceding  sections.  [L.  1895,  ch. 
112,  §  3;R.  S.  1899,  §  371.] 

§  2268.  Effect  of  certified  copy  of  judgment  of  court.  A  certified 
copy  of  the  judgment  of  the  court  shall  have  the  same  effect  as  to  the 
result  of  the  election  as  if  it  had  been  so  declared  by  the  canvassers.  [L. 
1890,  ch.  80,  §  161;  R.  S.  1899,  §  372.] 

§  2269.  When  election  of  candidate  declared  void.  When  the  per- 
son whose  election  is  contested  is  found  to  have  received  the  highest  num- 
ber of  legal  votes,  but-  the  election  is  declared  null  by  reason  of  legal  dis- 
qualifications on  his  part,  or  for  other  causes,  the  person  receiving  the 
next  highest  number  of  votes  shall  not  be  declared  elected,  but  the  elec- 
tion shall  be  declared  void.     [L.  1890,  ch.  80,  §  162;  R.  S.  1899,  §  373.] 

§  2270.    Appeals  to  supreme  court  in  contested  election  cases.     All 

cases  of  contested  elections  in  the  district  courts  may  be  taken  to  the 
supreme  court  in  the  same  manner  and  upon  like  conditions  as  is  provided 
in  the  case  of  civil  action.     [L.  1890,  ch.  80,  §  163 ;  R.  S.  1899,  §  374.] 


ELECTION  LAWS  OF  WYOMING,  1920.  '  99 

CHAPTER  153. 

GENERAL  PROVISIONS. 

§  2271.  General  application  of  election  law.  The  penalties  and  other 
provisions  of  law  with  reference  to  elections  and  the  returns  thereof  held 
in  incorporated  cities  and  towns  and  precincts  located  on  the  line  of  anv 
railroad,  shall  apply  to  elections  held  in  precincts  outside  of  said  incor- 
porated cities  and  towns  so  far  as  the  same  shall  be  applicable.  [L  1890 
ch.  80,  §  31;  R.  S.  1899,  §  375.] 

§  2272.  Form  of  oath  required.  Whenever  an  oath  is  required  by 
the  provisions  of  the  election  laws,  the  elector  shall  swear  according  to  the 
form  of  his  religious  faith  or  belief,  or  affirm  under  the  pains  and  penal- 
ties of  perjury.     [L.  1890,  ch.  80,  §  34 ;  R.  S.  1899,  §  376.] 

§  2273.  Qualifications  of  office-holders.  No  person  shall  be  eligible 
to  any  office  who,  at  the  time  he  is  chosen  and  during  his  incumbency 
therein,  is  not  a  qualified  elector  and  an  actual  resident  of  the  district, 
county,  town,  ward  or  precinct,  as  the  case  may  be,  in  which  he  holds  such 

office.     [L.  1890,  ch.  80,  §  6 ;  R  .S.  1899,  §  377.] 

§  2274.  Woman  suffrage.  When  they  possess  the  other  qualifica- 
tions of  an  elector,  the  rights  of  women  to  the  elective  franchise  and  to 
hold  office  shall  be  the  same  as  those  of  men.  [L.  1890,  ch.  80,  §  7:  R.  S. 
3899,  §  378.] 

§  2275.    Persons  disqualified  from  voting  or  holding  office.    The  fol 

lowing  persons  shall  not  vote  or  hold  office :  One  who  is  under  guardian- 
ship, one  who  is  non  compos  mentis,  one  who  has  been  within  Wyoming 
convicted  of  any  felony,  unless  restored  to  civil  rights  by  pardon,  one  who 
has  made  or  become,  either  directly  or  indirectly,  interested  in  any  bet  or 
wager  depending  upon  the  result  of  the  election  at  which  he  or  she  shall 
offer  to  vote.     [L.  1890,  ch.  80,  §  8 ;  R.  S.  1899,  §  379.] 

§  2276.  Resignation  of  elective  offices.  Resignation  of  elective  of- 
fices shall  be  made  to  the  officer,  court  or  county  board  authorized  by  law 
to  fill  a  vacancy  in  such  office  by  appointment  or  to  order  an  election  to  fill 
such  vacancy.     [L.  1890,  ch.  80,  §  43 ;  R.  S.  1899,  §  380.] 

§  2277.  Vacancies  in  elective  offices — How  made.  Every  elective  of- 
fice shall  become  vacant  on  the  happening  of  either  of  the  following  events 
to  the  incumbent  before  the  end  of  his  term  of  office : 

1.  His  death. 

2.  His  resignation. 

3.  His  becoming  insane  or  non  compos  mentis. 

4.  His  ceasing  to  be  an  inhabitant  of  the  state  or  if  the  office  is  local, 
his  ceasing  to  be  an  inhabitant  of  the  district,  town,  ward,  or  precinct  for 
which  he  was  elected. 

5.  His  conviction  of  an  infamous  crime  or  of  any  offense  involving  a 
violation  of  official  oath. 

6.  His  removal  from  office. 

7.  His  refusal  or  neglect  to  take  his  oath  of  office,  or  to  give  or  renew 
his  official  bond,  or  to  deposit  or  file  such  oath  or  bond  within  the  time  pre- 
scribed by  law. 

8.  The  decision  of  a  competent  tribunal  declaring  his  election  void. 
[L.  1890,  ch.  80,  §  45 ;  R.  S.  1899,  §  381.] 

state  V.  Henderson,  4  Wyo.  535,  35  Pac.  517,  23  L.  R.  A.  751;  Ballentyne  v.  Bower,  3  7 
Wyo.   356,    99  Pac.   869. 


100  ELECTION  LAWS  OF  WYOMING,  1920. 

§  2278.  Publicatian  election  proceedings  by  county  commissioners. 
The  county  commissioners  and  county  clerks  of  the  several  counties  shall 
cause  to  be  made  full  and  minute  entries  of  all  proceedings  had  under  the 
election  laws  and  to  cause  full  copies  of  such  proceedings  and  appoint- 
ments of  registry  agents,  judges,  etc.,  to  be  published  in  a  newspaper  pub- 
lished within  their  respective  counties  as  soon  after  their  adjournment  as 
is  practicable,  and  the  county  clerks  of  the  several  counties  shall  imme- 
diately notify,  in  writing,  the  registry  agents  of  their  appointment.  [L. 
1890,  ch.  80,  §  39;  R.  S.  1899,  §  382.] 

§  2279.  County  clerk  to  furnish  city  clerk  list  of  voters.  The  clerk 
of  each  county  shall  supply  each  clerk  of  a  municipality  with  a  certified 
and  full  and  complete  list  of  all  voters  registered  within  the  said  munici- 
pality as  last  returned  by  the  registry  agents,  upon  the  request  of  the 
clerk  of  said  municipality,  and  within  three  days  after  such  request.  The 
county  clerk  shall  receive  therefor  no  fee;  Provided,  however,  The  clerk 
of  such  municipality  shall  not  make  such  request  unless  an  election  in  the 
municipality  will  occur  within  thirty  days.  [L.  1890,  ch.  80,  §  176 ;  R.  S. 
1899,  §  383.] 

§  2280.  Printing — Election  laws.  The  secretary  of  state  shall,  in 
each  general  election  year,  not  later  than  the  first  day  of  July  of  said  year, 
cause  to  be  printed  and  distributed  among  the  several  boards  of  county 
commissioners,  not  to  exceed  two  thousand  copies  of  the  then  existing 
election  laws  of  this  state.  [L.  1897,  ch.  53,  §  23;  R.  S.  1899,  §  384;  L. 
1901,  ch.  24,  §  1 ;  L.  1909,  ch.  69,  §  1.] 

NOTE — See  Sec.  43,  Chap.  23,   Session  Laws   1911. 

§  2281.  Distribution  of  election  laws.  The  boards  of  county  com- 
missioners receiving  printed  copies  of  the  election  laws,  shall  provide  the 
judges  of  each  voting  precinct  with  a  copy  thereof  at  each  election,  [L. 
1890,  ch.  80,  §  181;  R.  S.  1899,  §  385.] 

§  2282.  .  Meaning  of  term  municipal.  The  term  "municipal"  and 
"municipalities"  herein  used  shall  mean  and  refer  to  incorporated  cities 
and  towns.     [L.  1890,  ch.  80,  §  178;  R.  S.  1899,  §  386.] 

§  2283.  Application  of  general  election  laws.  The  general  election 
laws  shall,  as  far  as  possible,  apply  to  all  incorporated  cities  and  small 
towns,  except  as  to  the  canvass  of  the  votes,  which  canvass  may  be  pro- 
vided for  by  ordinance,  but  if  not  so  provided  for,  the  provisions  of  the 
general  election  laws,  shall  prevail.  But  at  no  election  whatsoever  held 
under  the  laws  of  Wyoming  shall  it  be  necessary  for  any  elector  to  pay 
poll  tax  to  entitle  such  elector  to  vote.  When  the  charter  or  law  relating 
to  any  city  or  town  shall  indicate  a  different  procedure  than  herein  set 
forth  the  provisions  of  the  general  election  law  shall  prevail,  and  the 
charter  or  law  relating  to  such  city  or  town  shall  not  be  followed.  When 
the  general  election  laws  do  not  fully  provide  for  the  conduct  of  election, 
in  any  city  or  town,  such  city  or  town  maj^,  by  ordinance,  not  inconsistent 
herewith,  provide  for  a  complete  election  and  canvass  thereof.  [L.  1890, 
ch.  80,  §  177;  R.  S.  1899,  §  387.] 

§  2284.  Where  elector  must  vote.  No  one  shall  be  permitted  to  vote 
in  any  polling  precinct  other  than  the  one  of  which  he  is  at  the  time  an 
actual  resident.     [L.  1897,  ch.  53,  §  25;  R.  S.  1899,  §  388.] 


ELECTION  LAWS  OF  WYOMING,  1920.  lOl 

CHAPTER  154. 

MUNICIPAL  ELECTIONS. 

§  2285.  Proclamation  for.  The  mayor  or  other  chief  officer,  of  each 
incorporated  city  or  town  shall,  not  less  than  thirty  days  before  an 
election  therein,  if  possible,  make  a  proclamation  which  shall  be  pub- 
lished at  least  one  time  in  an  official  newspaper  of  the  city,  setting  forth 
the  fact  that  on  a  certain  date,  naming  it,  a  municipal  election  will  take 
place  for  the  election  of  officers,  naming  the  offices  to  be  filled  at  such 
election.  Such  proclamation  shall  be  signed  by  the  mayor  or  other  chief 
officer,  and  attested  by  the  clerk  of  the  municipality.  [L.  1890-91,  ch.  17, 
§  1;  R.  S.  1899,  §  389.] 

§  2286.  Desi^ation  of  polling  place.  The  mayor  or  other  chief 
officer  of  an  incorporated  city  or  town,  together  with  its  council  or  board 
of  trustees,  may  designate  and  establish  such  polling  places  or  booths 
within  the  precincts  established  by  the  county  commissioners  as  the  of- 
ficers of  such  incorporated  city  or  town  may  deem  fit.  Such  polling  places 
or  booths  to  be  erected  or  constructed  in  the  manner  prescribed  by  law, 
at  the  expense  of  such  incorporated  city  or  town.  [L.  1890-91,  ch.  17,  §  2 ; 
R.  S.  1899,  §  390.]     ' 

§  2287.  Notice  to  county  commissioners.  The  clerk  of  each  incor- 
porated city  or  town  shall,  not  less  than  thirty  days  before  an  election, 
notify  the  board  of  county  commissioners  in  writing,  of  the  day  of  the 
next  municipal  election,  whether  the  same  be  a  regular  or  special  one, 
whereupon  the  county  commissioners  shall  at  once  notify  the  regularly 
appointed  registry  agents  for  the  district  embraced  within  such  city  or 
town,  to  appear  at  the  lawfully  designated  place  of  registry  on  the  third 
Tuesday  preceding  such  election,  and  to  proceed  to  register  all  citizens 
who  appear,  claim  the  right,  and  are  qualified  to  register,  and  who  by 
reason  of  not  being  registered,  would  be  disqualified  from  voting  at  such 
election.     [L.  1890-91,  ch.  17,  §  3 ;  R.  S.  1899,  §  391.] 

NOTE — See  general  town  incorporation  laws  as  to  when  prior  registration  is  not  reqirpi, 
— Compiler. 

§  2288.  Duty  of  registry  agents.  Such  registry  agents  shall  there- 
upon post  notices  of  the  registration  of  electors  in  the  manner  provided 
by  law  for  giving  notice  of  registration  before  regular  county  elections. 
[L.  1890-91,  ch.  17,  §  4;  R.  S.  1899,  §  392.] 

§  2289.  Registry  agents  shall  meet  when.  On  the  day  appointed  for 
registry  as  aforesaid,  such  registry  agents  shall  meet  and  proceed  to 
register  all  qualified  electors  in  the  manner  prescribed  by  law.  Such 
registry  agents  shall  keep  the  same  hours  and  observe  all  the  require- 
ments of  the  statute  the  same  as  during  regular  registration  periods. 
[L.  1890-91,  ch.  17,  §  5;  R.  S.  1899,  §  393.] 

§  2290.  Post  list  of  electors  registered.  At  the  end  of  the  first  meet- 
ing, the  registry  agents  shall  prepare  and  certify  lists  of  persons  who 
have  registered,  shall  nle  the  same  in  the  office  of  the  county  clerk  and 
the  clerk  of  the  municipality,  and  post  the  same  in  the  manner  provided 
by  law.     [L.  1890-91 ,  ch.  17,  §  6  ;  R.  S.  1899,  §  394.] 

§  2291.  Meetings  of  registry  agents— Length  of.  Such  registry 
agents  shall  meet  for  three  consecutive  days,  and  then  shall  adjourn  for 
one  week,  and  then  they  shall  meet  for  one  day  for  the  purpose  of  revis- 


102  ELECTION  LAWS  OF  WYOMING,  1920. 

ing,  correcting  and  completing  such  registry  lists  and  the  registration  of 
such  qualified  electors  who  have  not  theretofore  registered.  [L.  1890-91, 
ch.  17,  §  7;  R.  S.  1899,  §  395.] 

§  2292.  Certificate  of  registry  lists — To  whom.  When  the  registry 
agents  shall  have  completed  the  registration  as  aforesaid,  they  shall  pre- 
pare and  certify  lists  and  deliver  copies  thereof  to  the  county  clerk  and 
the  clerk  of  the  municipality  in  the  manner  provided  by  law.  [L.  1890-91, 
ch.  17,  §  8;'K  S.  1899,  §  396.] 

§  2293.  Posting  registry  lists.  The  county  clerk  and  the  clerk  of 
the  municipality  shall  post  such  lists  in  the  manner  provided  by  law. 
[L.  1890-91,  ch.  17,  §  9;  R.  S.  1899,  §  397.] 

§  2294.  Duty  of  county  clerk.  The  county  clerk,  upon  the  request 
of  the  clerk  of  the  incorporated  city  or  town,  shall  prepare  and  deliver 
to  such  clerk  of  the  incorporated  city  or  town,  a  registry  list  containing, 
in  alphabetical  order,  and  divided  into  precincts,  complete  lists  of  all 
the  regularly  registered  and  properly  qualified  electors  who  could  vote 
at  the  ensuing  city  or  town  election,  as  shown  by  the  registry  lists  in  his 
office.     [L.  1890-91,  ch.  17,  §  10 ;  R.  S.  1899,  §  398.] 

§  2295.  Expense  by  whom  paid.  The  city  or  town  asking  for  such 
lists  through  its  clerk  shall  reimburse  the  county  clerk  for  all  expenses 
incurred  in  procuring  material  and  assistance  necessary  in  furnishing 
such  registry  lists.  Such  expenses  shall  be  paid  after  such  service  is 
rendered,  in  the  same  manner  that  the  other  claims  against  an  incor- 
porated city  or  town  are  paid.  [L.  1890-91,  ch.  17,  §  11;  R.  S.  1899, 
§  399.] 

§  2296.  Duty  of  city  clerk.  The  clerk  of  the  incorporated  city  or 
town  upon  receipt  of  such  registry  lists,  shall  prepare  one  list  for  each 
election  precinct.  He  shall  furnish  a  judge  in  each  precinct  with  a 
certified  list  of  the  qualified  voters  in  each  precinct  as  such  lists  are  ob- 
tained from  the  registry  lists  furnished  such  clerk  of  a  city  or  town  by 
the  county  clerk.     [L.  1890-91,  eh.  17,  §  12;  R.  S.  1899,  §  400.] 

§  2297.  Who  entitled  to  vote.  All  persons  who  have  registered  either 
during  the  registration  period  immediately  preceding  the  said  city  or 
town  election,  or  who  have  registered  less  than  two  years  before  such 
election  during  a  regular  registration  period  for  county  elections,  and 
who  would  be  qualified  at  that  time  to  vote  at  a  county  election  in  a  pre- 
cinct, shall  be  entiiled  to  vote  at  such  city  or  town  election  in  the  precinct 
in  which  they  are  registered;  Provided,  That  such  electors  have  been 
actual  residents  of  the  incorporated  city  or  town  in  which  they  offer  to 
vote  for  ten  days  next  preceding  the  said  city  or  town  election.  [Chapter 
60,  Session  Laws,  1911.] 

§  2298.  Where  entitled  to  vote.  Any  elector  who  registered  previous 
to  such  city  or  town  election  shall  be  entitled  to  vote  in  any  election  pre- 
cinct in  which  they  are  registered  until  the  next  regular  period  for 
registration  before  a  county  election;  Provided,  That  in  county  elections 
they  shall  be  actual  residents  of  the  county,  and  in  municipal  elections, 
of  the  incorporated  city  or  town  in  which  they  offer  to  vote.  [L.  1890-91, 
ch.  17,  §  14;  R.  S.  1899,  §  402.] 

§  2299.  City  to  pay  registry  agents.  The  incorporated  city  or  town 
for  which  the  registration  provided  for  in  this  chapter  is  held,  shall  pay 


ELECTION  LAWS  OP  WYOMING,  1920.  103 

the  salary  of  the  registration  agents,  and  all  their  fees  and  expenses  for 
services  rendered  in  registering  before  such  election,  as  provided  by  lavv^. 
[L.  1890-91,  ch.  17,  §  15 ;  R.  S.  1899,  §  403.] 

§  2300.  Appointment  of  judges  and  clerks.  The  mayor  or  other 
chief  officer  of  an  incorporated  city  or  town  in  which  a  municipal  election 
is  held,  shall,  by  and  with  the  advice  of  its  council  or  trustees,  appoint  the 
judges  and  clerks  of  election  for  such  election,  under  the  same  restrictions 
and  (lualifications,  as  those  required  for  regular  elections.  [L,  1890-91, 
ch.  17,  §  16;  R.  S.  1899,  §  404.] 

§  2301.  City  to  pay  judges  and  clerks.  The  incorporated  city  or 
town  appointing  such  judges  and  clerks  shall  pay  their  salary  and  ex- 
penses at  the  same  rate  as  prescribed  by  law  for  similar  duties  in  regular 
county  elections.     [L.  1890-91,  ch.  17,  §  17;  R.  S.  1899,  §  405.] 

§  2302.  Application  of  general  election  law.  The  provisions  of  law 
for  general  elections  shall  apply  as  far  as  possible  to  the  registration 
and  election.  Whenever  the  procedure  of  conducting  municipal  elections 
is  not  fully  provided  for  by  law,  it  may  be  supplemented  by  ordinance 
of  the  incorporated  city  or  town,  in  which  an  election  is  held,  and  the 
canvass  and  return  of  such  elections -shall  be  prescribed  by  the  ordinances 
of  such  incorporated  cities  or  towns.  [L.  1890-91,  ch.  17,  §  18;  R.  S. 
1899,  §  406.] 

For  other  laws  relating  to  municipal  elections,   see  pages   17-39. 


CHAPTER  155. 

ELECTION  OFFENSES. 

§  2303.  Election  oflftcers  failing  to  perform  duty.  Any  registry 
agent,  judge  or  clerk  of  election,  or  any  other  election  officer,  or  any  other 
officer  or  person  upon  whom  any  duty  is  imposed  by  the  election  laws 
of  this  state,  who  shall  wilfully  neglect  or  omit  to  perform  any  duties 
so  imposed,  shall  be  fined  not  more  than  two  thousand  dollars  and  not 
less  than  one  hundred  dollars  or  imprisoned  in  the  penitentiary  not  more 
than  five  years,  or  both.     [L.  1890,  ch.  80,  §  165 ;  R.  S.  1899,  §  407.] 

§  2304.  Doing  prohibited  act.  Any  registry  agent  or  judge  or  clerk 
of  election,  or  any  other  election  officer,  or  any  officer  or  person,  who  shall 
do  or  perform  any  act  or  acts  prohibited  by  the  election  laws  of  this 
state,  shall  be  fined  not  more  than  two  thousand  dollars  and  not  less 
than  one  hundred  dollars,  or  be  imprisoned  in  the  penitentiary  not  more 
than  five  years,  or  both.     [L.  1890,  ch.  80,  §  165 ;  R.  S.  1899,  §  408.] 

§  2305.  Mutilating  registry  and  poll  books.  Any  person  who  shall 
mutilate  or  erase  any  name,  figure  or  word  in  any  poll  book,  taken  or  kept 
at  any  election;  or  shall  take  away  any  such  poll  "book  from  the  place 
where  it  has  been  deposited  for  safe  keeping  with  intent  to  destroy,  muti- 
late, change  or  injure  the  same,  or  to  procure  or  prevent  the  election  of 
any  person ;  or  shall  destroy  any  poll  book  kept  at  any  election,  shall  be 
fined  not  more  than  five  hundred  dollars,  and  imprisoned  in  the  county 
jail,  not  more  than  one  year.     [L.  1890,  ch.  80,  §  166;  R.  S.  1899,  §  409.] 

§  2306.  Penalty  for  corrupt  swearing  before  registry  agent.  All; 
wilful,  corrupt  and  false  swearing  or  affirming  before  any  registry  agent 
shall  be  the  crime  of  perjury  and  shall  be  punished  as  such.  [L.  1890,  ch. 
80,  §  167;  R.  S.  1899,  §  410.] 


104  ELECTION  LAWS  OF  WYOMING,  1920. 


§  2307.  Penalty  registration  officers.  Any  registry  agent  or  other 
person  who  in  any  manner  shall  wilfully  or  corruptly  permit  any  person 
not  entitled  to  registration  or  to  a  certificate  of  registration  to  be  regis- 
tered or  have  a  certificate  of  registration,  or  who  delays  or  fails  to  de- 
liver the  certified  copies  of  the  official  register  and  check  list  to  the  judges 
of  election  as  required  by  law,  or  who  permits  any  person  to  register  after 
the  date  on  which  the  registration  books  close,  or  who  shall  otherwise  or 
wilfully  or  corruptly  violate  any  of  the  provisions  of  law  relating  to  elec- 
tions, the  penalty  for  which  is  not  otherwise  specially  prescribed,  shall  be 
punished  for  each  and  every  offense  by  imprisonment  in  the  penitentiary 
for  a  term  of  not  less  than  one  year  nor  more  than  five  years,  or  by  a  fine 
of  not  less  than  one  hundred  nor  more  than  two  thousand  dollars,  or  by 
both.     [L.  1890,  ch.  80,  §  168;  R.  S.  1899,  §  411.] 

§  2308.  Penalty  for  false  registration.  Any  person  who  shall  wil- 
fully cause  or  endeavor  to  cause  his  name  to  be  registered  in  any  other 
election  district  than  that  in  which  he  resides  or  will  reside  prior  to  the 
day  of  the  next  ensuing  election,  except  as  herein  otherwise  provided, 
and  any  person  who  shall  cause  or  endeavor  to  cause  his  name  to  be  reg- 
istered, knownig  that  he  is  not  a  qualified  elector  and  will  not  be  a  quali- 
fied elector  on  or  before  the  day  of  the  next  ensuing  election,  in  the  elec- 
tion district  in  which  he  causes  or  endeavors  to  cause  such  registry  to  be 
made,  and  any  person  who  shall  induce  aid  or  abet  any  one  in  the  com- 
mission of  either  of  the  acts  in  this  section  enumerated  and  described, 
shall  be  fined  not  less  than  fifty  dollars  nor  more  than  five  hundred  dol- 
lars, or  be  confined  in  the  county  jail  for  not  less  than  one  month  nor  more 
than  six  months,  or  both.     [L.  1890,  ch.  80,  §  169;  R.  S.  1899,  §  412.] 

§  2309.  Penalty — Defacing  registry  lists.  Any  person  who  shall  take 
down,  tear  down  or  deface  any  officially  posted  registry  list,  shall  be  guilty 
of  a  misdemeanor,  and  shall  be  punished  by  a  fine  of  one  hundred  dollars, 
or  by  imprisonment  in  the  county  jail  for  a  period  of  not  less  than  thirty 
days  or  more  than  ninety  days,  or  by  both.  [L.  1890,  ch.  80,  §  169 ;  R.  S. 
1899,  §  413.] 

§  2310.  Penalty — Certificate  of  nomination — Ballots.  Any  person 
who  shall  falsely  make  or  wilfully  deface  or  destroy  any  certificate  of 
nomination  or  nomination  paper,  or  any  part  thereof,  or  any  letter  of 
withdrawal  or  sign  any  such  certificate  or  paper  contrary  to  the  provisions 
of  the  election  laws  of  this  state,  or  who  shall  file  any  certificate  of  nom- 
ination or  nomination  paper  or  letter  of  withdrawal,  knowing  the  same  or 
any  part  thereof  to  be  falsely  made,  or  who  shall  suppress  any  certificate 
of  nomination  or  nomination  paper,  or  any  part  thereof,  which  has  been 
duly  filed,  or  who  shall  forge  or  falsely  make  the  official  endorsement  on 
any  ballot,  or  who  shall  wilfully  destroy  or. deface  any  ballot,  or  who 
shall  wilfully  delay  the  delivery  of  any  ballots,  shall  be  fined  not  exceed- 
ing one  thousand  dollars  or  be  imprisoned  in  the  county  jail  not  more  than 
one  year,  or  both.     [L.  1890,  ch.  80,  §  170;  R.  S.  1899,  §  414.] 

§  2311.  Penalty — Interfering  with  election  conveniences — Prevent- 
ing others  voting.  Any  person  who  shall,  prior  to  an  election,  wilfully 
deface  or  destroy  any  list  of  candidates  posted  in  accordance  with  the 
provisions  of  the  election  laws,  or  who,  during  an  election,  shall  wilfully 
deface,  tear  down,  remove  or  destroy  any  of  the  supplies  or  conveniences 
furnished  to  enable  an  elector  to  prepare  his  ballot,  or  who  shall  wilfully 
hinder  the  voting  of  others,  shall  be  fined  not  less  than  twenty-five  dol- 


ELECTION  LAWS  OF  WYOMING,  1920.  105 

lars  nor  more  than  one  hundred  dollars.     [L.  1890,  ch.  80,  §  171  •  R    S 
1899,  §  415.] 

§  2312.  Penalty — Putting  placards  in  booths  for  electioneering  pur- 
poses. Any  person  or  officer  of  election  who  shall  put  or  permit  to  be 
put  into  a  voting  booth  any  placard,  notice  or  device  except  the  sample 
ballots  and  cards  of  instruction  as  provided  by  law,  intended  or  likely 
to  call  the  attention  of  the  voter  to  any  candidate,  or  to  urge  the  voter  to 
vote  for  any  particular  candidate,  or  shall  put  or  allow  anything  to  be 
put  into  such  booths  for  the  use  or  comfort  of  the  voter  whereby  the 
claims  of  any  candidate  are  urged  upon  the  voter,  either  directly  or  in- 
directly, shall  be  imprisoned  in  the  county  jail  not  to  exceed  three  months, 
or  fined  not  to  exceed  five  hundred  dollars,  or  both.  [L.  1890,  ch.  80  § 
172;  R.  S.  1899,  §  416.] 

§  2313.  Penalty — False  swearing  concerning  qualifications  or  in- 
capacity to  vote.  Any  person  who  declares  or  swears  falsely  concerning 
his  incapacity  to  vote  at  any  election  without  the  aid  of  an  election 
officer,  or  who  swears  falsely  concering  the  qualifications  of  any  person 
offering  to  vote,  shall  be  imprisoned  in  the  county  jail  not  to  exceed  six 
months,  or  be  fined  not  to  exceed  five  hundred  dollars,  or  both.  [L.  1890, 
ch.  80,  §  173  ;R.  S.  1899,  §  417.] 

§  2314.     Penalty — Use  of  intoxicants  by  officers  of  election.     Any 

person  introducing  in  any  way,  upon  election  day,  or  during  the  counting 
of  the  ballots,  into  any  place  where  an  election  is  held,  any  spirituous  or 
malt  liquor,  and  any  judge  or  clerk  of  election  drinking  any  such  liquor 
in  such  place,  or  being  intoxicated  therein  during  such  election  or  count- 
ing, shall  be  imprisoned  in  the  county  jail  not  exceeding  six  months,  or 
be  fined  not  exceeding  five  hundred  dollars,  or  both.  [L.  1890,  ch.  80. 
§  175;  R.  S.  1899,  §  418.] 

§  2315.  Unlawful  voting  at  primaries.  Whoever  shall  vote  at  any 
primary  meeting  or  at  any  caucus  or  public  meeting  of  qualified  voters 
of  any  county,  district,  city  or  town  or  ward  of  a  city,  or  precinct,  or  of 
any  specified  party  or  portion  of  such  voters,  for  the  nomination  of  any 
candidate  or  candidates  to  be  supported  at  any  state,  general,  county, 
district,  municipal  or  town  election,  or  for  the  selection  of  delegates  to 
any  political  convention,  or  for  the  appointment  of  any  political  commit- 
tee, not  being  a  legal  voter  in  the  county,  city,  town  or  ward  of  the  city 
or  precinct,  as  the  case  may  be,  in  and  for  which  said  meeting  is  held,  or 
whoever  shall  so  vote  being  a  legal  voter,  but  not  being  included  in  the 
terms  of  the  call  under  which  such  meetings  are  held,  or  whoever  shall 
vote  or  attempt  to  vote  under  any  name  not  his  own;  or  whoever  shall 
vote  or  attempt  to  vote  more  than  once  at  one  balloting,  or  whoever 
knowingly  shall  cast  or  attempt  to  cast  more  than  one  ballot  at  one  time 
of  balloting  or  more  than  the  number  of  separate  ballots  allowed  to  each 
voter  if  more  than  one  ballot  is  allowed  to  be  cast,  or  whoever  shall  give 
or  offer  to  give,  directly  or  indirectly,  to  any  voter  or  any  person  who 
votes  at  such  meeting  anything  of  value  or  any  reward  or  promise  or 
hope  of  reward  to  influence  the  vote  or  ballot  of  such  voter  or  secure  the 
influence  of  such  voter,  or  whoever  shall  receive  anything  of  value  as  a 
reward  for  his  vote  or  ballot  or  influence  at  any  such  meeting,  or  whoever 
shall  make  any  false  oath  upon  being  challenged  at  any  such  meeting, 
shall  be  fined  not  more  than  fifty  dollars,  or  imprisoned  in  the  county 
jail  not  more  than  three  months,  or  both.  [L.  1890-91,  ch.  32,  §  4;  R.  S. 
1899,  §  419;  L.  1907,  ch.  100,  §  2.] 


106  ELECTION  LAWS  OF  WYOMING,  1920. 

§  2316.  Misconduct  of  officers  at  primaries.  Whoever,  being  an  of 
ficer  appointed  and  acting  at  any  such  meeting,  shall  knowingly  make  a 
false  count  of  ballots  or  votes,  or  make  a  false  statement  or  declaration-  of 
the  result  of  a  ballot  or  vote,  or  knowingly  refuse  to  receive  any  ballot 
cast  by  any  person  qualified  to  vote  at  such  meeting,  or  shall  wilfully  alter, 
deface  or  destroy  any  ballots  cast  or  check  lists  used  thereat,  before  the 
time  provided  by  law  for  the  destruction  of  the  same,  or  shall  decline  or 
fail  to  receive  any  w^ritten  request  as  provided  by  law,  governing  pri- 
maries, or  shall  decline  or  fail  to  perform  any  duty  or  obligation  imposed 
by  said  law,  shall  be  fined  not  more  than  fifty  dollars,  or  imprisoned  in 
the  county  jail  not  more  than  three  months,  or  both.  [L.  1890-91,  ch.  32, 
§  6;  R.  S.  1899,  §  420.] 

§  2317.  Misconduct  of  electors.  Any  person  who  shall  solicit,  re- 
quest, demand,  take,  accept,  or  receive,  either  directly  or  indirectly,  from 
any  person  any  money,  intoxicating  liquor,  or  other  thing  of  value  or 
the  promise  thereof,  either  to  influence  his  vote,  or  to  be  used,  or  under 
the  pretenses  of  being  used,  to  secure  the  vote  of  any  person  or  persons, 
or  to  be  used  at  any  poll,  or  other  place  prior  to,  or  on  the  day  of  any 
election,  for  or  against  any  candidate,  shall  be  deemed  guilty  of  a  mis- 
demeanor, and  upon  conviction  thereof,  shall  be  subject  to  a  fine  of  not 
less  than  one  hundred  dollars  nor  more  than  one  thousand  dollars,  or 
imprisonment  in  the  county  jail  not  less  than  three  months  nor  more  than 
one  year,  or  both,  at  the  discretion  of  the  court,  and  shall  pay  the  costs 
of  prosecution  and  stand  committed  to  the  county  jail  until  such  costs 
are  fully  paid.     [L.  1909,  ch.  56,  §  1.] 

§  2318.  Corrupt  practice.  Any  candidate,  or  other  person,  who  shall 
pay,  furnish,  or  give,  or  who  shall  promise  to  pay,  furnish,  or  give  any 
money,  intoxicating  liquor  or  other  thing  of  value,  to  any  person  or  per- 
sons, either  to  influence  such  person  or  persons  to  vote  for  or  against  any 
candidate,  or  to  be  used  by  the  receiver  of  such  money,  intoxicating  liquor, 
or  other  thing  of  value  to  influence  or  procure  the  vote  of  any  other  person 
or  persons  for  or  against  any  candidate,  or  to  be  used  at  any  polling  or 
other  place  prior  to  or  on  the  day  of  any  election  for  or  against  any  candi- 
date, shall  be  guilty  of  a  misdemeanor,  and  shall,  upon  conviction  there- 
of in  any  court  of  competent  jurisdiction,  be  fined  not  less  than  one  hun- 
dred dollars  nor  more  than  one  thousand  dollars,  or  shall  be  imprisoned 
in  the  county  jail  not  less  than  three  months  nor  more  than  one  year,  or 
both,  at  the  discretion  of  the  court,  and  shall  pay  all  costs  of  prosecution 
and  stand  committed  to  the  county  jail  until  such  costs  are  fully  paid; 
Provided,  however,  That  contributions  by  any  candidate  toward  defray- 
ing the  expenses  of  hall  rent,  music,  or  any  other  legitimate  campaign  ex- 
penses, shall  not  be  subject  to  the  provisions  of  this  section.  Prosecutions 
under  this  act  may  be  had  by  indictment  in  the  district  court,  or  by  in- 
formation therein.     [L.  1909,  ch.  56,  §  2.] 

§  2319.  Conveyances  at  polls.  It  shall  be  unlawful  to  furnish  or 
engage,  to  pay  any  money  or  property  for  the  purpose  of  procuring  the 
attendance  of  voters  at  the  polls  by  any  form  of  conveyance  or  otherwise, 
or  for  the  purpose  of  compensating  any  person  for  procuring  the  attend- 
ance of  voters  at  the  polls  except  for  the  conveyance  of  voters  who  are 
sick  or  infirm,  and  any  person  or  persons  violating  any  of  the  provisions  of 
this  section  shall  on  conviction  thereof  be  fined  not  to  exceed  two  hundred 
dollars;  Provided,  That  this  shall  only  apply  to  incorporated  cities  and 
towns.     [L.  1909,  ch.  56,  §  3.] 


ELECTION  LAWS  OF  WYOMING,  1920.  107 

CORRUPT  PRACTICES. 

[Chapter  41,  Session  Laws,  1911;  Sec.  2  as  amended  by  Chapter  41, 
Session  Laws,  1915.  Sees.  17  to  23  Repealed;  Sec.  1,  Chapter  36, 
Session  Laws,  1919.] 

Section  1.  Amount  of  expenses  limited.  No  sums  of  money  shall  be 
paid  and  no  expenses  authorized  or  incurred  by  or  on  behalf  of  any  candi- 
date for  office,  including  senators  of  the  United  States,  as  follows:  In 
his  campaign  for  nomination  to  any  public  office  or  position  in  or  from 
this  state  in  excess  of  twenty  per  cent  (20%)  of  one  year's  compensation 
or  salary  of  the  office  for  which  he  is  a  candidate;  in  his  campaign  for 
election  to  any  office  in  this  state  in  excess  of  twenty  per  cent  (20%)  of 
one  year's  salary  or  compensation  of  the  office  to  which  he  seeks  to  be 
elected ;  Provided,  That  no  candidate  shall  be  restricted  to  less  than  one 
hundred  dollars  ($100.00)  in  each  of  such  campaigns,  and  Provided,  fur- 
ther. That  the  foregoing  shall  not  apply  to  traveling  expenses  nor  to  ex- 
penses hereafter  specially  provided  for. 

Sec.  2.  Itemized  statements  by  candidates.  Every  candidate  for  any 
office  to  be  voted  at  any  primary,  municipal  or  general  election  shall, 
within  twenty  days  after  the  holding  of  such  primary,  municipal  or  gen- 
eral election,  file  a  true,  correct,  detailed,  sworn  statement  showing  each 
and  all  sums  of  money  or  other  things  of  value  disbursed,  expended  or 
promised  directly  or  indirectly  by  him  and  to  the  best  of  his  knowledge 
and  belief  by  any  other  person  or  persons  in  his  behalf  for  the  purpose  of 
aiding  or  securing  his  nomination  or  election.  If  the  person  be  a  candi- 
date for  municipal  or  county  office,  such  statement  shall  be  filed  with  the 
county  clerk;  if  for  a  state  office,  or  any  other  office  to  be  voted  for  by 
the  electors  of  more  than  one  county,  such  statement  shall  be  filed  with 
the  secretary  of  state.  Such  statement  shall  show  the  dates,  amounts  and 
from  whom  such  sums  of  money  or  other  things  of  value  were  received; 
and  the  dates,  amounts,  purposes  and  to  whom  paid  or  disbursed,  and 
shall  include  the  assessment  of  any  person,  committee,  or  organization  in 
charge  of  the  campaign  of  such  candidate.  No  statement  shall  be  required 
of  any  person  who  is  not  a  candidate,  but  who  has  been  nominated  or 
elected  by  electors  writing  his  name  on  the  ballot,  unless  he  shall  accept 
such  nomination  or  election,  in  which  event  such  statement  shall  be  filed 
before  his  name  shall  be  printed  upon  the  election  ballot,  or  before  he 
shall  qualify  for  such  office.     [Chapter  41,  Session  Laws,  1915.] 

Sec.  3.  Statements  by  committee  chairman.  The  chairman  of  each 
party  central  committee  for  the  state,  district  or  county,  shall  file  a  state- 
ment of  receipts  and  expenditures  within  twenty  days  after  the  general 
election.  The  chairman  of  state  and  district  central  committees  shall  file 
said  statements  with  the  secretary  of  state;  and  the  chairman  of  county 
central  committees,  with  the  county  clerk.  Such  statements  shall  contain 
all  the  information  required  to  be  filed  by  candidates  as  set  forth  in  Sec- 
tion two  (2)  of  this  act,  and,  in  addition  thereto  shall  state  the  amounts 
or  balances  remaining  on  hand.  The  person  filing  the  same  shall  make 
oath  that  it  is  a  full,  true  and  correct  statement. 

Sec.  4.  Statements  by  other  persons — [Receipts — Amounts  greater 
than  $50].  Every  person  receiving  or  expending  money  or  incurring 
liability  by  authority  or  in  behalf  of  or  to  promte  the  success  or  defeat 
of  any  candidate  or  other  person  or  political  party  or  any  organization. 


108  ELECTION  LAWS  OF  WYOMING,  1920. 

shall  on  demand  and  in  any  event  within  twenty  days  after  such  receipt, 
expenditure  or  incurrence  of  liability,  give  such  candidate  or  other  person, 
or  the  treasurer  of  the  political  party  or  any  organization  on  whose  be- 
half such  expense  or  liability  was  incurred,  detailed  account  thereof,  with 
proper  vouchers.  Every  payment  made  in  connection  with  political  af- 
fairs, as  herein  contemplated,  except  payments  less  in  the  aggregate  than 
five  dollars  to  any  person,  shall  be  vouched  for  by  a  receipted  bill  stating 
the  particulars  of  expense.  Every  voucher,  receipt  and  account  hereby 
required  shall  be  a  part  of  the  accounts  and  files  of  such  treasurer,  candi- 
date or  other  person,  and  shall  be  filed  with  the  proper  public  officer  men- 
tioned in  the  preceding  sections  at  the  time  of  the  filing  of  the  statements, 
as  provided  in  the  two  preceding  sections.  If  the  amount  or  value  re- 
ceived or  expended  by  any  person,  as  aforesaid,  is  greater  than  fifty  dol- 
lars, such  person  shall  file  the  itemized  account  thereof,  giving  the  names, 
from  whom  such  money  or  value  is  received  and  to  whom  paid,  with  re- 
ceipts or  payments  attached,  as  aforesaid,  directly  with  the  proper  public 
officer,  with  whom  the  same  is  otherwise  to  be  filed  by  any  candidate  or 
chairman  of  a  political  committee  or  organization,  within  twenty  days 
after  the  election  in  or  in  connection  with  which  said  money  or  value 
was  expended. 

Sec.  5.  Statements  public.  The  statements  provided  for  in  this  act 
shall  be  open  at  all  times  to  the  inspection  of  the  public,  and  remain  on 
file  and  become  a  part  of  the  permanent  records  in  the  office  where  filed. 

Sec.  6.  Inspection  by  officers.  The  several  officers  with  whom  state- 
ments are  required  to  be  filed  shall  inspect  all  statements  of  accounts  and 
expenses  relating  to  nominations  and  elections  filed  with  them  within  ten 
days  after  the  same  are  filed;  and  if,  upon  examination,  it  appears  that 
any  person  has  failed  to  file  a  statement  as  required  by  law,  or,  if  it  ap- 
pears to  any  such  officer  that  the  statement  filed  with  him  does  not  con- 
form to  law,  or  upon  complaint  in  writing  by  a  voter  that  a  statement 
filed  does  not  conform  to  law,  or  to  the  truth,  or  that  any  person  has 
failed  to  file  a  statement  which  he  is  by  law  required  to  file,  said  officer 
shall  forthwith,  in  writing,  notify  the  delinquent  person. 

Sec.  7.  Action  by  prosecutor.  Upon  the  failure  of  any  person  to  file 
a  statement  within  ten  days  after  receiving  notice  under  the  preceding 
section,  or  if  any  statement  filed  as  above  discloses  any  violation  of  any 
provision  of  this  act  relating  to  corrupt  practices  in  elections,  or  in  any 
other  provision  of  the  election  laws,  the  secretary  of  state,  the  county 
clerk,  or  the  city  clerk,  as  the  case  may  be,  shall  forthwith  notify  the 
county  and  prosecuting  attorney  of  the  county  where  said  violation  oc- 
curred, and  shall  furnish  him  with  copies  of  all  papers  relating  thereto, 
and  said  county  and  prosecuting  attorney  shall,  in  the  name  of  the  state, 
forthwith  institute  such  proceedings  as  may  be  appropriate  to  the  facts. 

Sec.  8.  True  record  to  be  kept.  Every  political  committee  or  or- 
ganization shall  have  a  treasurer  who  shall  be  a  voter  in  this  state,  and 
such  committee  and  the  treasurer  thereof,  and  other  person  receiving  or 
expending  money  for  political  purposes  of  more  than  fifty  dollars  in 
money  value,  shall  keep  a  true  and  correct  book  account  thereof.  No  per- 
son shall  make  a  payment  of  his  own  money  or  of  another  person's  money 
to  any  other  person  in  connection  with  a  nomination  or  election  in  any 
other  name  than  that  of  the  person  who  in  truth  supplies  the  money ;  nor 
shall  any  person  knowingly  receive  such  payment  or  enter  or  cause  the 


ELECTION  LAWS  OF  WYOMING,  1920.  109 


same  to  be  entered  in  his  accounts  or  records  in  another  name  than  that 
of  the  person  by  whom  it  was  actually  furnished ;  Provided,  If  the  money 
be  received  from  the  treasurer  of  any  political  organization  it  shall  be 
sufficient  to  enter  the  same  as  received  from  said  treasurer. 

Sec.  9.  Services  for  hire  prohibited.  No  person  shall  agree  to  per- 
form any  services  in  the  interest  of  any  candidate  for  office  or  any  politi- 
cal committee  or  organization  in  consideration  of  any  money  or  other 
valuable  thing,  or  shall  accept  any  money  or  other  valuable  thing  for  such 
service  performed  in  the  interest  of  any  candidate  or  any  political  com- 
mittee or  organization,  and  no  person  shall  pay  or  offer  to  pay  or  give  or 
offer  to  give  money  or  other  valuable  things  for  such  services.  Nothing 
herein  shall  be  construed  to  prohibit  any  person  from  making  contracts 
in  good  faith  for  the  announcement  of  his  candidacy  in  the  newspapers, 
and  for  the  securing  of  names  of  voters  required  to  file  preliminary  nomi- 
nation papers  and  the  payment  of  any  reasonable  compensation  for  such 
services. 

Nor  shall  any  provision  of  this  act  be  construed  as  relating  to  the 
rendering  of  services  by  speakers,  writers,  publishers,  or  others,  for  which 
no  compensation  is  asked  or  given;  nor  to  prohibit  expenditure  by  com- 
mittees of  political  parties  or  organizations  for  public  speakers,  music, 
halls,  lights,  literature,  advertising,  office  rent,  printing,  postage,  clerk 
hire,  challengers  or  watchers  at  the  polls,  traveling  expenses,  telegraph- 
ing, telephoning,  or  the  making  of  poll  lists. 

Sec.  10.  Corporation  contributions  prohibited.  No  corporation  shall 
pay  or  contribute  in  order  to  aid,  promote  or  prevent,  the  nomination  or 
election  of  any  person,  or  in  order  to  aid  or  promote  the  interests,  success 
or  defeat  of  any  political  party  or  organization.  No  person  shall  solicit 
or  receive  such  payment  or  contribution  from  such  corporation. 

Sec.  11.  Failure  to  file  statements.  The  name  of  a  candidate  chosen 
at  a  primary  nominating  election  or  otherwise,  shall  not  be  printed  on  the 
official  ballot  for  the  ensuing  election  unless  there  has  been  filed  by  or  on 
behalf  of  said  candidate  the  statements  of  accounts  and  expenses  relating 
to  nominations  required  by  this  act,  but  delay  in  making  any  such  state- 
ment beyond  the  time  prescribed  shall  not  preclude  its  acceptance  or  pre- 
vent the  insertion  of  the  name  on  the  ballot  if  there  is  reasonable  time 
therefor  after  the  receipt  of  such  statments.  Any  such  vacancy  on  the 
ballot  shall  be  filled  by  the  proper  committee  of  his  political  party  in  the 
manner  authorized  by  law,  but  not  by  the  use  of  the  name  of  the  candi- 
date who  failed  to  file  such  statements.  No  person  shall  receive  a  certifi- 
cate of  election  until  he  shall  have  filed  the  statements  required  by  this 
act. 

Sec.  12.  Actions  in  court.  The  circuit  court  of  the  county  in  which 
any  statement  of  accounts  and  expenses  relating  to  nominations  and  elec- 
tions should  be  filed,  unless  herein  otherwise  provided,  shall  have  ex- 
clusive original  jurisdiction  of  all  violations  of  this  act,  and  may  compel 
any  person  who  fails  to  file  such  a  statement  as  required  by  this  act,  or 
who  files  a  statement  which  does  not  conform  to  the  provisions  of  this  act 
in  respect  to  its  truth,  sufficiently  in  detail,  or  otherwise,  to  file  a  sufficient 
statement,  and  may  declare  void  the  selection  or  election  of  any  candi- 
date or  person  at  any  primary  or  general  election,  for  violation  by  such 
person  of  any  provisions  of  this  act,  upon  the  application  of  the  county 
and  prosecuting  attorney,  or  any  voter;  Provided,  however,  That  the 


110  ELECTION  LAWS  OF  WYOMING,  1920. 

petition  therefor  shall  be  filed  within  sixty  days  after  the  election,  pri- 
mary or  general,  at  or  in  connection  with  which  the  violations  occurred; 
Provided,  further,  That  in  such  action  all  trivial  charges  shall  be  disre- 
garded, and  the  violations  shall  appear  to  have  been  knowingly  and  wil- 
ful; and.  Provided,  further,  That  this  section  shall  not  be  construed  to 
apply  to  any  contest  before  the  legislature. 

Sec.  13.  Actions — Vacancy.  It  shall  be  the  duty  of  the  county  and 
prosecuting  attorney  who  has  received  information  of  the  violations  of 
any  provisions  of  this  act,  which  are  to  be  prosecuted  in  his  county,  to 
commence  an  action  or  prosecution  therefor.  And  any  action  brought 
under  this  act  shall  have  preference  on  the  docket  of  any  court  of  the 
state  in  which  the  same  shall  be  pending  over  all  other  civil  actions  what- 
ever. Any  vacancy  occurring  in  any  position  or  office  by  the  judgment 
of  any  court,  as  herein  contemplated,  shall  be  filled  as  other  vacancies  in 
other  position  or  office. 

Sec.  14.  Incrimination  of  witnesses.  In  prosecutions  under  this  act, 
no  witness  shall  be  excused  from  giving  testimony  on  the  ground  that  his 
testimony  would  tend  to  render  him  criminally  liable  or  expose  him  to 
public  ignominy,  but  any  matter  so  elicited  shall  not  he  used  against  him, 
and  said  witnesses  shall  not  be  prosecuted  for  any  crime  connected  with 
or  growing  out  of  the  act  on  which  the  prosecution  is  based  in  the  cause  in 
which  his  evidence  is  used  for  the  state,  under  the  provisions  of  this 
section. 

Sec.  15.  Penalties.  Any  person  violating  any  provisions  of  this  act 
or  failing  to  perform  the  duty  herein  upon  him  enjoined,  at  the  time  and 
in  the  manner  herein  specified,  or  who  wilfully  makes  any  false  entries 
in  the  books  herein  provided  to  be  kept,  or  who  wilfully  makes  any  false 
statements  in  the  accounts  and  statements  herein  required  to  be  filed,  shall 
be  deemed  guilty  of  misdemeanor,  and,  upon  conviction  thereof,  shall  be 
punished  by  a  fine  of  not  more  than  one  thousand  dollars,  or  imprisonment 
in  the  county  jail  of  not  more  than  one  year,  or  by  both  such  fine  and  im- 
prisonment. 

Sec.  16.  Political  committee  defined.  The  terms  "political  commit- 
tee" and  ''political  party"  shall  apply  to  every  combination  of  two  or 
more  persons  who  shall  aid  or  promote  the  success  or  defeat  of  a  candi- 
date, or  a  political  party  or  principle,  and  the  provisions  of  law  relating 
thereto  shall  apply  to  any  firm  or  partnership,  to  any  corporation,  and 
to  any  club,  organization,  association,  or  other  combination  of  persons, 
whether  incorporated  or  not,  with  similar  purposes,  whether  primary  or 
incidental. 

§  3431.  Unlawful  to  discharge  employe — When.  Any  company,  cor- 
portion  or  individual,  who  shall  discharge  or  cause  to  leave  his  or  her 
or  their  employ,  temporarily  or  permanently,  any  person  or  persons  be- 
cause they  have  been  nominated  as  a  candidate  for  any  position  of  honor, 
trust  or  emolument,  to  be  voted  for  at  any  election  held  in  pursuance  of 
the  laws  of  this  state ;  or  any  person,  agent  or  officer  of  any  company  or 
corporation  who  shall  cause  or  attempt  to  cause  any  person  or  persons 
nominated  as  candidates  at  any  election,  to  withdraw  or  refrain  from  ac- 
cepting such  nomination  by  threatening  loss  of  employment,  business  or 
patronage,  if  they  accept  such  candidacy,  or  shall  make  it  a  condition  of 
employment,  business  or  patronage,  that  such  candidacy  shall  not  be  ac- 


ELECTION  LAWS  OF  WYOMING,  1920.  Ill 

cepted,  shall  be  guilty  of  a  misdemeanor  and  shall  be  fined  not  less  than 
one  hundred  dollars  nor  more  than  five  hundred  dollars.  [L.  1893  eh  9  • 
R.  S.  1899,  §  2523.] 

§  5979.  Saloons  shall  be  closed  on  Sunday  and  election  day.  Every 
person  or  persons,  company  or  corporation,  having  license  to  sell  liquors 
under  the  laws  of  Wyoming,  who  shall  keep  open,  or  suffer  his  or  their 
agent  or  employe  to  keep  open,  his  or  their  place  of  business,  or  who  shall 
sell,  give  away  or  dispose  of  or  permit  another  to  sell,  give  away  or  dis- 
pose of,  on  his  or  their  premises,  any  spirituous,  malt,  vinous  or  fermented 
liquors,  or  any  mixtures  of  any  such  liquors,  on  the  first  day  of  the  week, 
commonly  called  Sunday,  or  upon  any  day  upon  which  any  general  or 
special  election  is  being  held,  shall  be  guilty  of  a  misdemeanor,  and  upon 
conviction,  shall  be  fined  in  any  sum  not  less  than  twenty-five  dollars,  or 
more  than  one  hundred  dollars,  or  imprisoned  in  the  county  jail  not  to 
exceed  three  months.     [L.  1888,  ch.  86,  §  1 ;  R.  S.  1899,  §  2643.] 

§  6030.  Felon  disfranchised.  A  person  sentenced  to  the  penitentiary 
for  a  felony,  when  sentence  has  not  been  reversed  or  annulled,  is  incom- 
petent to  be  an  elector  or  juror,  or  to  hold  any  office  of  honor,  trust  or 
profit  within  this  state,  unless  he  shall  have  received  a  pardon;  but  no 
pardon  shall  release  a  convict  from  the  costs  of  his  conviction  unless  so 
stated  therein.     [L.  1890,  ch.  73,  §  4;  R.  S.  1899,  §  5192.] 

§  6173.  Sufficiency  of  indictment  for  election  offense.  When  any 
offense  shall  be  committed  in  relation  to  any  election,  an  indictment  for 
such  offense  shall  be  deemed  sufficient  if  it  allege  that  such  election  was 
authorized  by  law,  without  stating  the  names  of  the  officers  holding  the 
election,  or  the  persons  voted  for,  or  the  offices  to  be  filled  at  such  election. 
[R.  S.  1887,  §  3252 ;  R.  S.  1899,  §  5309.] 

§  3581.  Legal  holidays.  *  *  *  All  days  upon  which  general  elec- 
tions are  held  *  *  *  are  hereby  declared  legal  holidays  in  and  for  the 
state  of  Wyoming. 


CONSTITUTIONAL  AMENDMENTS. 

§  3594.  Official  ballots.  The  manner  of  submitting  and  voting  upon 
any  proposed  constitutional  amendment  or  amendments  shall  be  as  fol- 
lows: 

First — Separate  official  ballots  for  that  purpose  shall  be  prepared 
each  of  which  shall  include  all  proposed  amendments  to  be  submitted  at 
such  election,  and  no  other  question.  Said  ballots  shall  be  prepared  and 
distributed  to  the  proper  election  officer  or  officers  by  the  county  clerk  of 
each  county  at  the  expense  of  the  county  at  the  same  time  and  under  the 
same  regulations  as  to  number,  color  and  quality  of  paper  as  in  the  case 
of  regular  official  ballots  containing  the  names  of  candidates  for  public 
office.  At  the  top  of  the  ballot  shall  be  printed  "Proposed  Constitutional 
Amendments — Official  Ballot."  If  there  shall  be  more  than  one  proposed 
amendment  to  be  submitted  at  any  election  they  shall  be  placed  upon  the 
ballot  in  the  order  of  their  number  and  in  such  a  manner  that  the  electors 
may  vote  for  or  against  each  of  them  separately  as  required  by  §  2  of 
Art.  XX  of  the  constitution.  It  shall  not  be  necessary  to  print  any  pro- 
posed amendment  in  full  upon  the  ballot,  but  it  shall  be  sufficient  to  refer 
to  it  by  its  number  and  the  brief  statement  of  its  subject  or  subjects  in- 


112  ELECTION  LAWS  OP  WYOMING,  1920. 

dorsed  upon  it  by  the  secretary  of  state.    The  language  of  the  submission 
of  any  such  amendment  on  such  ballot  shall  be  substantially  as  follows : 

"Proposed  constitutional  amendment,  number ,  relating  to 

(stating  the  number  and  subject).     (Yes ) 

(No )" 

Second — The  elector  shall  designate  by  a  cross  opposite  the  word 
'^es"  or  "no,"  how  he  desires  to  vote.  A  cross  after  the  word  "yes" 
shall  be  counted  and  recorded  as  a  vote  in  favor  of  the  amendment,  and 
a  cross  after  the  word  "no"  shall  be  counted  and  recorded  as  a  vote 
against  the  amendment. 

Third — It  shall  be  the  duty  of  the  county  clerk  of  each  county  to 
provide  a  separate  ballot  box  for  each  voting  precinct  in  the  county  in 
which  shall  be  deposited  the  ballots  provided  fOr  in  this  section,  and  such 
ballot  boxes  shall  be  provided  and  delivered  at  the  expense  of  the  county 
in  the  same  manner  and  at  the  same  time  as  the  regular  ballot  boxes  are 
required  to  be  provided  and  delivered. 

Fourth — The  separate  official  ballots  provided  for  shall  be  stamped 
and  indorsed  by  the  proper  election  officer  or  officers  before  being  de- 
livered to  the  voters  in  the  manner  provided  by  law  in  the  case  of  ballots 
containing  the  names  of  candidates  for  public  office;  and  it  shall  be  the 
duty  of  the  proper  election  officer  or  officers  when  delivering  to  each 
qualified  voter  the  regular  official  ballot  containing  the  names  of  candi- 
dates to  deliver  to  him  or  her  one  of  the  ballots  herein  provided  for  and 
to  see  that  the  same  is  returned  by  such  voter  and  deposited  in  a  separate 
ballot  box  provided  for  that  purpose. 

Fifth — The  regulations  provided  by  law  in  case  of  ballots  containing 
the  names  of  candidates  for  instructing  and  assisting  voters  should  so  far 
as  applicable  apply  to  the  ballots  provided  for  in  this  section  and  the 
votes  cast  by  the  electors  upon  proposed  constitutional  amendments,  and 
the  provisions  of  law  in  force  at  the  time  relating  to  spoiled  and  unused 
ballots  shall  apply  to  the  ballots  provided  for  in  this  section. 

Sixth — The  same  poll  books  and  tally  sheets  that  are  provided  for 
the  use  and  returns  of  the  judges  and  clerks  of  election  in  case  of  the 
election  of  public  officers  may  be  used  for  making  the  returns  of  the 
votes  cast  upon  a  proposed  constitutional  amendment  or  amendments, 
and  in  such  case  it  shall  be  the  duty  of  the  county  clerk  to  cause  such 
poll  books  and  tally  sheets  to  be  so  prepared  as  to  enable  the  election 
officers  to  make  full  and  complete  returns  upon  the  various  amendments 
submitted.  The  ballots  cast  upon  the  amendment  or  amendments  shall 
be  returned  by  the  judges  of  election  to  the  county  clerk  separate  from 
the  ballots  containing  the  names  of  candidates,  and  in  the  same  manner 
as  such  last  named  ballots  are  required  to  be  returned  or  delivered  to 
such  clerk. 

Seventh — In  all  other  respects  the  provisions  of  law  in  force  at  the 
time  concerning  the  conduct  of  elections  shall  apply  so  far  as  applicable. 
[L.  1895,  ch.  49,  §  6;  R.  S.  1899,  §  2704;  L.  1909,  ch.  22,  §  3.]     . 

§  3595.  Result  of  election — How  determined.  The  result  of  every 
such  election,  with  reference  to  such  proposed  amendments,  shall  be  de- 
termined in  all  respects  in  the  same  manner  as  results  are  now,  or  may  be 
hereafter  determined,  according  to  law  for  state  officers.  [L.  1895,  ch. 
49,  §  7;R.  S.  1899,  §  2705.] 

state  V.  Brooks,  17  Wyo.  344,  99  Pac.  874. 


Proposed  Constitutional  Amendments 


NUMBER  ONE. 


An  Act  to  submit  to  the  qualified  voters  of  the  State  of  Wyoming  an 
Amendment  to  the  Constitution  of  the  State  of  Wyoming  in  relation 
to  the  levy  for  city  taxes. 

Be  It  Enacted  by  the  Legislature  of  the  State  of  Wyoming. 

Section  1.  There  shall  be  submitted  to  the  qualified  electors  of  the 
State  of  Wyoming  at  the  next  general  election,  for  their  approval  or 
rejection,  a  proposition  to  amend  Section  6  of  Article  15  of  the  constitu- 
tion, so  that  the  same  will  read  as  hereinafter  set  forth.  When  ratified 
by  a  majority  of  the  electors  voting  at  said  election,  the  said  amendment 
shall  be  valid  as  a  part  of  the  constitution.  Said  amendment  will  cause 
said  section  to  read  as  follows : 

*  'Section  6.  City  levy  limited.  No  incorporated  city  or  town  shall  levy 
a  tax  to  exceed  fifteen  mills  on  the  dollar  in  any  one  year,  except  for  the 
payment  of  its  public  debt  and  the  interest  thereon."  [S.  J.  R.  No.  5, 
1919.1 


NUMBER  TWO. 

Be  It  Resolved,  By  the  Legislature  of  the  State  of  Wyoming,  two- 
thirds  of  all  of  the  members  of  each  of  the  two  houses,  voting  separately, 
concurring  therein : 

That  the  following  amendment  to  Section  5  of  Article  16  of  the 
constitution  of  the  State  of  Wyoming,  relating  to  limitation  of  municipal 
debt,  be  submitted  to  the  electors  of  the  State  of  Wyoming,  at  the  next 
general  election  to  be  held  in  said  state,  as  an  amendment  to  the  con- 
stitution of  the  State  of  Wyoming,  and  which,  if  ratified  by  a  majority 
of  the  said  electors,  shall  become  a  part  of  the  constitution  of  said  state, 
and  shall  take  the  place  of,  and  be  known  as  Section  5  of  Article  16 
thereof,  to-wit: 

"Article  XVI,  Sec.  5.  No  city,  town  or  village,  or  any  sub-division 
thereof,  or  any  sub-division  of  any  county  of  the  State  of  Wyoming, 
shall,  in  any  manner,  create  any  indebtedness  exceeding  2  per  centum  on 
the  assessed  value  of  the  taxable  property  therein ;  Provided,  however, 
That  any  city,  town  or  village,  may  be  authorized  to  create  an  additional 
indebtedness,  not  exceeding  4  per  centum  on  the  assessed  value  of  the 
taxable  property  therein  as  shown  by  the  last  preceding  general  assess- 
ment, for  the  purpose  of  building  sewerage  therein ;  and  Provided  further, 
That  any  school  district  may  be  authorized  to  create  an  additional  in- 
debtedness, not  exceeding  4  per  centum  on  the  assessed  value  of  the  tax- 
able property  therein  as  shown  by  the  last  preceding  general  assessment, 
for  the  purpose  of  the  erection  or  enlargement  of  school  buildings  therein  ; 
debts  contracted  for  supplying  water  to  such  city  or  town  are  expected 
from  the  operation  of  this  section."     [S.  J.  R.  No.  6,  1919.] 


114  ELECTION  LAWS  OF  WYOMING,  1920. 

NUMBER  THREE. 

Be  It  Resolved,  By  the  Legislature  of  the  State  of  Wyoming,  two- 
thirds  of  all  the  members  in  each  house,  voting  separately,  concurring 
therein. 

That  the  following  amendment  of  Article  16,  Section  1,  of  the 
constitution  of  the  State  of  Wyoming,  relating  to  public  indebtedness, 
be  submitted  to  the  electors  of  the  State  of  Wyoming,  at  the  next  general 
election,  to  be  held  in  said  state,  as  an  amendment  to  the  constituion  of 
the  State  of  Wyoming,  and  which,  if  ratified  by  a  mapority  of  said  elec- 
tors, shall  become  a  part  of  the  constitution  of  the  said  state,  and  take  the 
place  of  and  be  known  as  Article  16,  Section  1,  thereof-  to-wit: 

ARTICLE  XVI. 

LIMITATIONS  OF  STATE  DEBT. 

Section  1.  The  State  of  Wyoming  shall  not,  in  any  manner  create 
any  indebtedness  exceeding  one  per  centum  of  the  assessed  value  of  tax- 
able propery  in  the  state  as  shown  by  the  last  general  assessment  for 
taxation  preceding,  except  to  suppress  insurrection  or  to  provide  for 
public  defense  or  for  the  construction,  improvement  and  maintenance 
of  public  roads  and  highways.     [H.  J.  R.  No.  3,  1919.] 


NUMBER  FOUR. 

Be  It  Resolved,  By  the  Legislature  of  the  State  of  Wyoming,  two- 
thirds  of  all  members  in  each  house,  voting  separately,  concurring 
therein. 

That  the  following  amendment  of  Section  3,  Article  16,  of  the 
constitution  of  the  State  of  Wyoming,  relating  to  public  indebtedness, 
be  submitted  to  the  electors  of  the  State  of  Wyoming,  at  the  next  general 
election,  to  be  held  in  said  state,  as  an  amendment  to  the  constituion  of 
the  State  of  Wyoming,  and  which,  if  ratified  by  a  majority  of  said  elec- 
tors, shall  become  a  part  of  the  constitution  of  said  state,  and  take  the 
place  of  and  be  known  as  Section  3,  Article  16  thereof,  to-wit: 

ARTICLE  XVI. 
LIMITATION  OF  COUNTY  DEBT. 

Section  3.  No  county  in  the  State  of  Wyoming  shall  in  any  manner 
create  any  indebtedness,  exceeding  two  per  centum  of  the  assessed  value  of 
taxable  property  in  such  county,  as  shown  by  the  last  general  assessment, 
preceding;  Provided,  however,  that  any  county  may  bond  in  any  sum 
not  exceeding  seven  per  centum  on  the  assessed  value  of  the  taxable 
property  in  such  county,  as  shown  by  the  last  general  assessment  for 
taxation,  for  the  purpose  of  constructing  and  maintaining  bridges  and 
roads,  of  permanent  nature.     [H.  J.  R.  No.  6,  1919.] 


NUMBER  FIVE. 

Be  It  Resolved,  By  the  Legislature  of  the  State  of  Wyoming,  two- 
thirds  of  all  members  in  each  house,  voting  separately,  concurring 
therein. 


ELECTION  LAWS  OF  WYOMING,  1920.  115 

That  the  following  amendment  of  Section  2,  Article  16,  of  the 
constitution  of  the  State  of  Wyoming,  relating  to  public  indebtedness, 
be  submitted  to  the  electors  of  the  State  of  Wyoming,  at  the  next  general 
election,  to  be  held  in  said  state,  as  an  amendment  to  the  constitution  of 
the  State  of  Wyoming,  and  which,  if  ratified  by  a  majority  of  said  elec- 
tors, shall  become  a  part  of  the  constitution  of  said  state,  and  take  the 
place  of  and  be  known  as  Section  2,  Article  16  thereof,  to-wit : 

ARTICLE  XVI. 

PUBLIC  INDEBTEDNESS. 

Section  2.  No  debt  in  excess  of  taxes  for  the  current  year,  shall  in  any 
manner  be  created  in  the  State  of  Wyoming,  unless  the  proposition  to 
create  such  debt  shall  have  been  submitted  to  a  vote  of  the  people  and 
by  them  approved ;  except  to  suppress  insurrection  or  to  provide  for 
public  defense  or  for  the  construction  and  improvement  of  public  roads 
and  highways;  Provided,  however.  That  no  debt  for  the  construction  of 
and  improvement  of  public  roads  and  highways  shall  be  created  in  ex- 
cess of  three  per  centum  on  the  assessed  valuation  of  taxable  property 
in  the  State  of  Wyoming  as  shown  by  the  last  general  assessment  for  tax- 
ation, and.  Provided  further,  That.no  debt  created  by  the  state  for  the 
purpose  of  constructing  and  improving  public  roads  and  highways  shall 
bear  a  greater  rate  of  interest  than  five  per  centum  per  annum.  [H.  J.  R. 
No.  7,  1919.] 


NUMBER  SIX. 

An  Act  to  submit  to  the  qualified  voters  of  the  State  of  Wyoming  an 
amendment  to  the  constitution,  to  be  known  as  Section  15  of  Article 
15,  providing  for  the  levying  of  a  special  tax  on  the  live  stock  of 
the  state  for  the  purpose  of  raising  funds  for  stock  inspection,  stock 
protection  and  providing  for  the  appointment  of  stock  inspectors. 

Be  It  Enacted  hy  the  Legislature  of  the  State  of  Wyoming. 

Section  1.  The  following  constitutional  amendment  shall  be  sub- 
mitted to  the  qualified  electors  of  the  State  of  Wyoming  at  the  next  gen- 
eral election,  for  their  approval  or  rejection,  and  when  ratified  by  a 
majority  of  the  voters  voting  at  said  election  the  same  shall  be  valid  as  a 
part  of  the  constitution,  and  shall  be  known  as  Section  15  of  Article  15 
to-wit : 

"Section  15.  It  shall  be  lawful  for  the  legislature  to  provide  for  a 
special  tax  to  be  levied  exclusively  upon  all  the  cattle,  horses,  mules  and 
asses  of  the  state  for  the  purpose  of  raising  money  to  aid  in  stock  in- 
spection and  stock  protection.  Such  money  raised  by  this  taxation  on 
cattle,  horses,  mules  and  asses  be  expended  by  the  Wyoming  Stock 
Growers  Association  and  such  money  raised  by  this  taxation  on  sheep  and 
goats  to  be  expended  by  the  State  Board  of  Sheep  Commissioners  through 
warrants  issued  by  the  state  auditor,  the  inspectors  to  make  such  stock 
inspection  to  be  appointed  by  the  governor  with  the  advice  and  consent 
of  the  president  of  the  Wyoming  Stock  Growers  Association."  [Chap.  53, 
S.  L.,  1919.] 


INDEX 


Sec.  Page 

Absent  electors . 2093  43 

AtTidavit  of  elector 2095  44 

Affiadvit,  mailed  to  county  clerk 2096  45 

Ballot,  disposition  of : 2098  46 

Canvass    2097  45 

Certificate  of  registration  officer 2094  44 

Amendments,  constitutional — 

Ballots 3594  111 

Constitutional  convention 3  10 

How  voted  for 2  10 

New  constitution 4  10 

Notice  of  submission 2136  52 

Provision   for 1  9 

Result   of  election 3595  112 

Submitted   in    1920 113 

Apportionment  of  representation 4  10 

Ratios 2,  3  10 

Assistance  to  voter 2223,  2224  90 

Ballots — 

Absentee  voters 2098  46 

Boxes    2195  85 

Boxes  inspected 2210  87 

Delivery    to    judges 2185,  2186  80 

Endorsement    2229,2231  91 

Errors     2189,  2190  81 

Limit   for   voter 2227  91 

Lost  replaced 2191  81 

Number  furnished . 2188  81 

Official  only  cast 2187  80 

Order  of  names l  84 

Prepared  by  county  clerk 2187  80 

Preparation  and  casting 2232-2234  91,  92 

Preserved  six  months 2240  94 

Primary  election 12—15  55—58 

Printed  at  public  expense 2181,  2182  80 

Propositions  submitted 2183  80 

Rejected  in  canvass 2237  93 

Removal  from  polls , 2228  91 

Sample    . 15  58 

Specifications 1-10  81-83 

Specifications,   non-partisan  judiciary 5  69 

Specifications,  county  superintendent 5  71 

Spoiled,   returned 2227,  2230  91 

Time  of  printing 2189  81 

Unofficial  as  aid ^ 2233  92 

Bonds — 

Cities  of  first  class 1740  27 

Court  house  and  jail 1100  14 

Water 1870  40 


118  ELECTION  LAWS  OF  WYOMING,  1920. 

Booths —                                                                                                         Sec.  Page 

Contents  of 2196  85 

Number    2202  86 

Placards' in 2312  105 

Preparation  of 2194,  2196  85 

Unnecessary,  when : 2211  87 

Who   may   occupy — Time 2226  91 

Bribery . 52  67 

7  35 
Canvass  and  returns  (General  election)  — 

Absent  voters'   ballots 2097,  2098  45,  46 

Canvass  of  ballots 2235  92 

Certificate  to  secretary  of  state 2245  95 

County    canvassing   board 2243,  2244  94,  95 

Delivery  of  records  and  returns 2239  93 

Informality  in  delivery 2241  94 

Messenger    for    returns 2242,  2246  94,  95 

Record  and  certificate  in  duplicate 2236  92 

Rejection  of  ballots 223  7  93 

State   canvassing  board 2247  95 

Tie  vote 2265,  2266  98 

Canvass  and  returns    (Primary  election)  — 

Abstract  to  secretary  of  state 29  63 

Count   and   recount 26,  27  61,  62 

County 28  62 

State   canvassing   board 31  63 

Tie  vote 32  64 

Certificate  of  election — 

County 2243  94 

Nomination  fee  a  prerequisite 3  54 

State 2247  95 

Statement  of  expenditures  must  be  filed 11  109 

Certificate  of  nomination — 

Convention 2122  49 

Petition   or   certificate 2124-2128  50,  5l 

Use  of  party  name 46  66 

Challenges — 

By  election  officers 2220  90 

Identifying  oath 2218  89 

In  convention 2118  49 

Indicated  on  poll  lists 2219  90 

In  primary  election 25  61 

Oath  of  challenged  elector 2217,2221  89,90 

Of  registered  elector 2156,  2161  75,  76 

Challenger  inside  polling  place ' . 2205  S6 

Cities  and  towns — 

Ballots  for  municipal  elections 2183,  2187  80 

Cities  of  3,500  to  5,000 1798  29 

Cities   of    10,000 30 

Commission    form    s 1—21  31—39 

Elections,  municipal 2285-2302  101-103 

•  1573-1579  24 

First    class    cities 1628-1633  24-27 

General  election  laws  governing 2283,  2302  100,  103 

General   incorporation 1556—1564  21,22 


ELECTION  LAWS  OF  WYOMING,  1920.  119 

Sec.  Page 

Incorporated  cities  and  towns l565-lS7l  22—24 

Judges  of  election ■ 2172  78 

Officers  bonds 1636  27 

Primary  elections 47  66 

5  32 

Second  class  cities 1769-1777  27-29 

Special  charter  (Laramie,  Rawlins) 1426,  1549  18-20 

Special  charter,   reorganization 1—4  20,  21 

Vacancy  in    council 1  30 

Voters,   list  of 2279,  2294  100,  102 

Water  works  franchise — Election 1811,  1812  30 

Clerk  of  district  court — Election 13  5 

928  16 

2091  42 

Clerk  of  election.      (See  also  Judges  and  Clerks.)  — 

Appointment,  qualifications : 2173  78 

Oath 2177  79 

Poll  list 2215  89 

Poll  list,  primary  election 16  58 

Commission  government  for  cities 1—21  31—39 

Abandonment   of    1—5  39,  40 

Committees,  party — 

County,  judicial  and  state 36  64 

Defined 16  110 

Powers  and  duties 37  65 

Records  kept 1 8  108 

Special  elections 48  67 

Statements  of  expenditures  by 3  107 

Vacancies  filled  by 35  64 

Conduct  of  elections 2192-2234  84-92 

Congressional  representation l  4 

Constable — 

Appointed  by  election  judges 2208,  2209  87 

Precincts    5l77  17 

Constitutional  amendments.      (See  Amendments.) 

Constitutional  provisions 3-10 

Contests — 

Appeal  to  supreme  court 2270  98 

County   and  other 2249,2257-2263  96,97 

Election   void 2269  98 

Judgment   of   court      2268  98 

Legislature 2248,  2250-2256  95-97 

Questions   submitted 2261  97 

Tie  vote 2264-2267  98 

Trial  of 2  7 

Convention — 

Ballot — taken,   preserved 2117,2119  49 

Called,  how 2115  48 

Certificate   of   nomination 2122  49 

County  and  state 39-42  65,  66 

Misconduct  of  officers  at 2316  106 

Nomination  of  candidates 2121  49 

Officers  of 2116  49 


120  ELECTION  LAWS  OF  WYOMING,  1920. 

Sec.  Page 

Regulations 2120  49 

Time    of   holding 45  66 

Unlawful    voting    at 2315  105 

Conveyances    at    rolls ._            2319  106 

Coroner,   term 1276  16 

Corrupt   practice 23l8  106 

Corrupt  practices  act 1-16      107-110 

Corporation  contributions  prohibited 10  109 

Counties — 

Officers  to  be  elected 5  9 

2091  42 

Officers  qualify,  when 1136  14 

Organization   of 2  8 

1054-1060  13,  14 

County  and  prosecuting  attorney 1204  l5 

County  assessor — election,  term 1260,  1261  16 

County  clerk — 

Canvass  and  returns,   general  election 2243-2246  94,  95 

Canvass  returns,  primary  election 28  62 

'         Election  of 1237  16 

Furnish  blank  nomination  papers 10  52 

Furnish  election  supplies 2102  46 

Furnish   instruction   cards 2213  87 

Furnish   primary   election   supplies 16  58 

Furnish  list  of  voters  to  city  clerk 2279,  2294      100,  102 

Furnish  sample  ballots,  primary l5  58 

Prepare  ballots 2187,  2188  80,  81 

Publish  list  of  nominations 2138  '        53 

County  commissioners — 

Appoint  registry  agents 2144  72 

Duties,    special   elections 2109-2111  47-48 

Election,  terms 1162  14 

Establish    election    districts 2139-2143  72 

Furnishes  supplies  for  registry  agents 2146  73 

Notify  judges  of  election 2192  84 

Powers 1166  l5 

Proclamation  by 2099,  2100  46 

Publication  of  election   proceedings 2278  100 

County  superintendent  of  schools 1296  17 

Ballots,    general   election 5  84 

Non-partisan  election 1-6  70—71 

County  treasurer — election  and  term 1181  15 

Declination  of  nomination 2129  5l 

Definitions,  primary  election  law 49  67 

Districts  and  precincts,  election — 

Establishment  of 2139-2143  72 

District  judge.     (See  Judge  of  the  district  court.) 

Educational   qualification   9  6 

Election,  void,  when 2269  98 

Elections,  general — 

Conduct  of 2192-2234  84-92 

Constitutional  provisions 11  7 

1-9  7,  8 

27  3 


ELECTION  LAWS  OF  WYOMING,  1920. 

Sec. 

Officers  elected — time 2084-2102 

Elections,   municipal.      (See   Cities  and  towns.) 
Elections,  primary — 

Age   of   voters 49 

Ballots     : 12-15 

Candidates  certified 11 

31 

Candidates  nominated  by 1 

Canvass    28-30 

Cities. 47 

5 

County  superintendent  of  schools 1-4 

Definitions    49 

Electors    22,  23 

Expenses    18 

Fee 3,  6,  2 

General  law  applicable . 17 

Judges    18 

Law,  liberal  construction SO 

Manner  of  voting 19 

Misconduct,  bribery 5l,  52 

Party  affiliation 22,  24 

Petition,    nomination    3—10 

Special  elections  excepted 48 

Supplies    16 

Tie  vote 32 

Time   of   holding 2 

Time  polls  open . 20 

11 

Vacancies   35 

Voting  places ' 18 

Elections,  special — 

General  provisions 2103-2113 

Primary  law  not  applicable 48 

Electors — 

Absent  from    precinct 2093—2098 

Disqualified  persons 6 

2275 

6030 

Equal  rights 1 

Exemption  from  military  duty 4 

Instructions  for 2214 

Intent  of,  in  voting 7 

2237 

Misconduct   of 2317 

Primary    election    22,  23 

Privileged  from  arrest 3 

2204 

Qualifications   2,  5,  9,  10 

Registration  of 2144 

2160 

2169 

.Residence  not  lost,  when 7 

Soldiers,    non-residents    8 


121 

Page 
41-46 


67 

55-58 

55 

63 

53 

62-63 

66 

32 

70,  71 

67 

59 

58 

54,  68 

58 

58 

67 

59 

67 

59,  60 

54,  55 

.67 

58 

64 

S3 

59 

83 

64 

58 

47,  48 
67 

43-46 

6 

99 

111 

6 

6 

88 

82 

93 

106 

59 

6 

86 

6,  7 

72 

76 

77 

6 

6 


122 


ELECTION  LAWS  OF  WYOMING,  1920. 


Sec. 

Special    elections    2113 

Vote,  where 2284 

Vote  for  any  one 2216 

When  not  registered 2222 

Who  are   (See  also  Qualifications) 2092 

2113 

Electors,   presidential 243—247 

2085 

Employees — 

Entitled  to  one  hour — primary  election 21 

Unlawful  to  discharge,  when 3431 

Errors  on  ballots . 2189,  2190 

On  primary  election  ballots,  etc 34 

Expenditures,  campaign — 

Actions   in   court 7 

12-14 

Amount  limited 1 

Penalties     11 

15 

Records  kept 8 

Services  for  hire  prohibited 9 

Statements  filed 2,  3,  4 

Felons  disfranchised 6030 

Fees — 

Nomination,  state,  county  and  precinct 3 

Nomination,   county  superintendent 2 

Nomination,   judges 2 

Governor — 

Election  of ^ 2088 

3 

Order  special  elections 2105',  2107,  2108 

Qualifications 2 

State  canvassing  board,  present  with 2247 

Term,  successor 87 

Vacancies,  power  to  fill 7 

Holiday — Election  day 3581 

Initiative — 

Commission  government,  cities 19 

Instructions   for  voters 2213,  2214 

Intoxicating  liquors — 

Solicited  or  accepted  by  voter 2317 

Use  of  by  election  officers 2314 

Irrigation  districts 

Judge  of  the  district  court — 

Election 2090 

5 

Eligibility    12 

27 
Nomination,    non-partisan    1-4 

Judges,  election.      (See  also  Judges  and  clerks.)  — 

Absence  of  judge,  proceedings  invalid 2174 

Appointment    2170 

Appoint   constable 2208,  2209 


Page 
48 
100 
89 
90 
43 
48 
12 
41 

59 

110 

81 

64 

108 
109,  110 
107 
109 
110 
108 
109 
107 
111 

54 
68 
68 

42 
4 

47 
4 

95 

11 

4 

111 

37 
87,  89 

106 

105 

12 

42 

69 

5 

6 

68,  69 

n 

87 


ELECTION  LAWS  OF  WYOMING,  1920.  123 

Sec.  Page 

Cities    2172  78 

Endorse  ballots 2229,  2231  91 

Notice   to 2192  84 

Oath 2175,2176  78,79 

Political   qualification 2171  78 

Register   not   received 2212  87 

Term  of  office 2172  78 

Unable  to  serve 2193  85 

Vacancy    2174  78 

Judges  and  clerks,  election,      (See  also  Judges,  election,  and 
Clerks  of  election.)  — 

Assist   voters    2223,  2224  90 

Canvass  and  returns 2235—2242  92—94 

Challenge  unqualified  voters 2220  90 

Duties 2180  79 

Inspect   ballot   boxes 2210  '  87 

Intoxicants,    use   of 2314  105 

Municipal   elections 2300  103 

Pay 2178,2179  79 

Proclaim  opening  and  closing  of  polls 2207  S7 

Registration   by    2162-2166  76-77 

Judicial  department — 

Constitutional    provisions    4—27  5,  6 

(See  also  under  the  various  offices  of  the  department.) 

Judiciary,  non-partisan — 

Ballot,  primary  election 1,  3  68,  69 

Ballot,   general  election 5  69 

5  83 

Petition,  affidavit  and  fee 2  68 

Voting,  manner  of 4  69 

Justice  of  the  peace — 

Constitutional  provision 22  5 

Election    2091  42 

Precincts    5177  17 

Justice  of  the  supreme  court — 

Election    4  5 

5  69 

2089  42 

Eligibility * 8  5 

27  6 

Nomination 1—4  68,  69 

Terms    , 4  5 

Vacancy    4  5 

Laws,  election — 

Application 2271  99 

2283  100 

Construction,  primary 50  67 

Distributed 2281  lOO 

Printed  by  secretary  of  state 43  66 

2280  100 

Legislative  department.    (See  Senators  and  representatives.)  — 

Constitutional    provisions    2,  4,  5,  8  3 


124  ELECTION  LAWS  OF  WYOMING,  1920. 

Messenger —                                                                                                  Sec.  Page 

For  county   returns 26  61 

2242  94 

For  state  returns 30  63 

2246  95 
Municipal.      (See  also  Cities  and  towns.)  — 

Corporations    2,  4  9 

Defined 2282  loo 

Elections    2285-2302  101-103 

Nominations — 

Certified  by  secretary  of  state 2137  53 

Certificate  or  petition 2123-2128  50,  51 

City  officers 1629  25 

5  32 

Convention 2114-2122  48,49 

Declination 2129  5l 

Direct  primary 1-52  53-68 

Lists  published  and  posted 2138  53 

Petition     2123-2128  5o,  5l 

46  66 

6  68 

Substitutes  certified 2133  52 

Vacancies    2130-2132  5l,  52 

35  65 

Non-partisan  county  superintendent 1—6  70,  71 

Non-partisan  judiciary 1—5  68-70 

Notice  to  judges 2192  84 

Oath — Form   required 2272  99 

Official 8,^9  8 

Offenses — 

Agreement  to  serve  candidate 6  34 

Bribery 7  3  5 

52  67 

Ballots — Destroyed,  defaced,   delayed 2310  104 

Certificate  of  nomination  altered,   destroyed 2310  104 

Conveyance   at   polls 2319  106 

Corrupt   practice 2318  106 

Corrupt  practices   act 1-23  107—110 

Electioneering  placards  in  booths ' 2312  105 

Electors,    misconduct    of 2317  106 

Failure  to  perform  duty,  election  officers 2303  103 

Illegal  voting 52  67 

Indictment    6173  ill 

Interest  in  public  utility 14  35 

Interference   2311  104 

Intoxicants,  use  of 2314  105 

Misconduct,   primary  election 5l  67 

Mutilating  election  records 2305  103 

Misconduct  of  officers  at  primaries 2316  106 

Prohibited  act  done 2304  103 

Registration,   false 2308  104 

Registration  officers,  misconduct  of 2307  104 

Registry  lists   defaced ^ 2309  104 

Rules   governing   elector 2214  88 


ELECTION  LAWS  OF  WYOMING,  1920. 


125 


Swearing  falsely 2306 

2313 
Unlawful  voting  at   primaries 23lS 

Officers — 

County  and  precinct,  election 2091 

Federal.      (See  Representative  in  congress,  and  Senator, 
U.  S.) 

Hold  over 4 

Not  provided  for 6 

Persons  disqualified 7 

2275 

Qualifications    3 

2273 

Resignation 2276 

State,   election 2088 

Party — 

Affiliation   22-24 

Committees    36-38 

48 

Conventions,   county 39 

Conventions,  state 40—42 

Defined       44 

16 

Excluded  from  primary 45 

Name  not  to  be  used 46 

Order  on  ballots 5 

Petition — 

Commission   government,   abandonment 2,  4 

Commission  government,  adoption . 2 

Initiative 19 

Nomination  certificate  or  petition 12123—2128 

Nomination,   county   superintendent 2 

Nomination,  judiciary "  2 

Nomination,   primary  election 3—10 

Party   names   protected 46 

Persons  disqualified  for  nomination  by 6 

Recall 18 

Referendum    20,  21 

Poll  books — 

Disposition    of    2239 

How  kept 2215 

Mutilation   of 2305 

Primary  election 16 

Polling  place — 

Change  of 2198,  2199 

Not    near    saloon 2197 

Provisions   regarding 2200-2211 

Precinct  officers.     (See  Constable,  Justice  of  the  peace.) 

Precincts,  polling — 

Change   of   2142 

Establishment 2140,  2141 

Size 2143 

Presidential  electors — 

Certificate  of  election 244 


103 
105 
105 

42 


7 
8 

8 

99 
7 
99 
99 
42 

59,  60 

64,  65 
67 
65 

65,  66 
66 

110 
66 
66 
82 

39 
31 

37 

50,  51 

70 

68 

54,  55 

66 

68 

36 

38,  39 

93 

89 

103 

58 

86 

85 

86,  87 


72 
72 
72 

12 


Sec. 

Page 

247 

12 

245 

12 

243 

12 

2085 

41 

245 

12 

246 

12 

126  ELECTION  LAWS  OF  WYOMING,  1920. 


Compensation     . 

Convene,  when 

Election    

Vacancy    

Vote,  when 

Primary  election.      (See  Elections,  primary.) 

Primary  meeting  defined 2114  48 

Proclamation  of  election — 

Issued 

Posted   and   published 

Primary  election,  cities 

Purity   of   elections 

Question  submitted.     (See  also  Amendments.)  — 

Contest 

Notice   of 

Printed,  how 

Special   election 

Recall — Cities,   commission  form 

Referendum — Cities,    commission   form 

Registration — 

Appointment  of  agents 

Challenges    

City   election . 

Clerks  make  lists,  when 

Election  register,  when  and  how  kept 

False 

Hours 

Judges  ex-officio  agents,  when *__ 

Lists,  certified  to  judges 

Lists,  copies  made 

Lists,   correction  of 

Lists,  disposition  of 

Lists,  returned  by  judges 

Municipal   elections 2287 

Notice  posted 

Oath  of  agent 

Oath   of  applicant 2l5o 

Oath  of  elector  on  election  day 

Pay   of  agents 

Powers  of  agents 

Prior,  required 

Proceedings  public 

Register — How  made 

Supplies    

Time 

Vacancy    

Violation  of  laws  by  agents 

Vote,  only   registered  electors 


2099 

46 

2100 

46 

2 

20 

1 

7 

2261 

97 

2136 

52 

2183 

80 

10 

83 

2108 

47 

18 

36 

20,  21 

38,  39 

2144 

72 

2156 

75 

2161 

76 

1629 

25 

2162 

16 

2167 

77 

2308 

104 

2151 

74 

2166 

77 

2159 

76 

2152 

75 

2156 

75 

2153 

75 

2163 

76 

-2293 

101-103 

2147 

73 

2145 

73 

,  2158 

74,  75 

2168 

77 

2164 

76 

2165 

76 

12 

7 

2144 

72 

2155 

75 

2148 

74 

2146 

73 

2147 

73 

2154 

75 

2165 

76 

2307 

104 

2160 

76 

2169 

77 

ELECTION  LAWS  OF  WYOMING,  1920. 


127 


Who   must   register 

Representative  in  congress — 

Constitutional    provision    

Election    2084, 

Special   election    

Vacancy    . 

Representatives  in  the  state  legislature.      (See  Senators  and 
representatives,  state.) 

Resignation  of  elective  office 

Road  supervisor — 

Counties   divided 

Election  or  appointment 2548, 

Oath 

Saloons — 

Closed  on  election  day 

Polling  places  not  to  be  near ^ 

School  elections : 

Secretary  of  state — 

Certify  candidates,  primary,  to  county  clerks 

Certify  candidates,   general  election 

Certify  questions 

Certify   substitute   nominees 

Election    

Election  laws,  print . 

Issue  certificate  of  election,  tie 

Nomination 

Nomination  petition  blanks,  furnish 

Notice  of  vacancy,  member  of  congress 

Notify  county  commissioners,  officers  to  be  elected 

State  canvassing  board,  primary 

State  canvassing  board,  general  election 

Term    

Senators  and  representatives,  state — 

Apportionment 

Disqualified  for  other  office 

Election    

2084, 

Qualification 

Ratios 

Special   election   

Terms 

Vacancies   

Senator,  United  States — 

Election    

Nomination 

Nomination   to  fill  vacancy 

Vacancy,   on    primary   ballot 


Sec. 

Pag? 

2149 

74 

2157 

75 

1 

4 

2086 

41 

2105 

47 

2106 

47 

2276 


99 


2547 

17 

2549 

16,  17 

2551 

17 

5979 

111 

2197 

85 

40 

11 

55 

31 

63 

2137 

53 

2136 

52 

2133 

52 

11 

4 

2088 

42 

43 

66 

2280 

100 

2266 

98 

1 

53 

10 

55 

2106 

47 

2101 

46 

30 

63 

2247 

95 

11 

4 

4 

10 

8 

3 

5 

3 

2086 

41 

2 

3 

2,3 

10 

2107 

47 

2 

3 

4 

3 

2107 

47 

1 

41 

1 

53 

2 

53 

8 

54 

35 

64 

128  ELECTION  LAWS  OP  WYOMING,  1920. 

Sheriff —                                                                                                         Sec.  Page 

Election    2091  42 

Provide  voting  booths ., 2194  85 

Term    : 1212  iS 

Soldiers,  non-resident /- 8  6 

State  auditor — 

Election    2088  41 

Nomination 1  53 

State  canvassing  board,  primary 3  0  63 

State  canvassing  board,   general 2247  95 

Term    11  4 

State  debt  restricted 2  9 

State  treasurer — 

Election 2088  42 

Nomination    l  53 

State  canvassing  board,  primary 30  63 

State  canvassing  board,   general 2247  95 

Term    11  4 

State  superintendent  of  publiC' instruction — 

Election 2088  42 

Nomination 1  S3 

Term    11  4 

Stickers    2134,  2135  52 

Suffrage — 

Constitutional  provisions 1-12  6,  7 

Equal    1  6 

2274  99 

Superintendent  of  schools.      (See   County   superintendent   of 
schools.) 

Surveyor — ■ 

Election    2091  42 

Term    1290  16 

Tie  vote — 

General  election 2264-2267  98 

Primary   election    _. . . 32  64 

Township  organization 4  9 

Vacancy — 

City  or  town  council l  30 

Congress,  representative  in . 2lo5,  2106  47 

Determined  by  whom 2112  48 

How  made 2277  99 

Justice  of  supreme  court 4  4 

Less  than  25  davs  before  election 2084  41 

List  of  nominations 2130-2134  5l,  52 

35  65 

Registry   agents 2165  76 

State  office 2087  41 

State  legislature 4  3 

2107  47 

United  States   senator 8  54 

35  65 

Presidential  electors 245  12 

Voter.     (See  Elector.) 

Water  works  franchise — Election 1811,  1812  30 

Woman  suffrage — 

Constitutional  provision 1  6 

Rights — .—            2274  99 


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